Where rules provide for approval, voluntary retirement cannot be claimed as a matter of right : Supreme Court.
This may come as gloomy news for those seeking ‘voluntary’ or ‘pre-mature’ retirement as a matter of right.
The Hon’ble Supreme Court has held that where rules specifically provide for approval of request of voluntary retirement by a particular (competent) authority, then such retirement cannot be claimed as a matter of right. The Hon’ble Supreme Court rendered this decision while adjudicating a case involving an employee of Air India.
The ruling is in consonance with earlier law laid down by the higher judiciary on the subject. Even prior to the latest ruling, it had been consistently ruled by Hon’ble Courts that where rules provided discretion of the authorities in grant of voluntary retirement, it (retirement) could not be claimed as a matter of right. Of course, it has also been held time and again that such discretion cannot be exercised arbitrarily or discriminately by the concerned authorities and the ‘Right to Equality’ can also not be infringed in this regard. More can be seen on the ruling by clicking here.
Posted by Navdeep / Maj Navdeep Singh at 5:27 AM
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This is not an official Blog site. This forum is run by team of ex- Corps of Signals, Indian Army, Veterans for social networking of Indian Defence Veterans. It is not affiliated to or officially recognized by the MoD or the AHQ, Director General of Signals or Government/ State.
The Report My Signal Forum will endeavor to edit/ delete any material which is considered offensive, undesirable and or impinging on national security. The Blog Team is very conscious of potentially questionable content. However, where a content is posted and between posting and removal from the blog in such cases, the act does not reflect either the condoning or endorsing of said material by the Team.
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