Notice of voluntary retirement, once accepted, cannot be withdrawn

According to the Bombay HC the notice of voluntary retirement can only be withdrawn before it is accepted, not after.

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The Bombay High Court has ruled that the notice of voluntary retirement, once accepted, cannot be withdrawn because the acceptance of such a notice marks the end of the employer–employee relationship. This was conveyed at the hearing of a writ petition filed by Gajanan Maitri, a Class II (Group-B) income tax officer, at Latur.

Maitri submitted an application or notice for voluntary retirement after a long service that lasted more than three decades. He had made it clear that he wished to retire with effect from 28 February, 2018.

On February 28, Maitri applied for a month long commuted leave on medical grounds, between 6 March and 28 March. The leave was sanctioned and Maitri handed over the charge on March 5. However, during his leave, on March 17, when Maitri applied for withdrawal of notice of voluntary retirement, he was told that his notice had been accepted on 9 March, 2018.

This communication was, however, challenged by Maitri before the Administrative Tribunal saying he had applied for withdrawal of notice before it was accepted. Also, the fact that Maitri had only about 35 months of service left was highlighted by his advocate. Therefore, the notice of voluntary retirement, it was appealed, should be withdrawn. However, the application was not accepted because Maitri applied for withdrawal on 17 March, whereas his notice was accepted on 9 March.

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