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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