KANDE MAHENDER vs UNION OF INDIA & ORS.

Judgment text excerpt

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2320/2025, CM APPL. 10980/2025 KANDE MAHENDER .....Petitioner Through: Mr. Himanshu Gautam, Adv. versus UNION OF INDIA & ORS. .....Respondents Through: Ms. Theepa Murugesan, Sr. PC with Mr. Yogesh Dubey, Adv. for UOI CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 27.08.2025 C. HARI SHANKAR, J. [Statutory provisions have been reproduced to the extent relevant.] 1. The petitioner assails order dated 24 January 2025, whereby his request for cancellation of his earlier request for being permitted to voluntarily retire from service was rejected by the competent authority, as communicated by the Commandant (JG), Indian Coast Guard. Facts Signature Not Verified W.P.(C) 2320/2025 Digitally Signed By:AJIT Page 1 of 12 KUMAR Signing Date:29.08.2025 12:33:55 2. The petitioner joined the Indian Coast Guard in the year 2002 and has, to his credit, service of around 22 years. On 12 June 2024 the petitioner applied for voluntary retirement, under Rule 431 of the Central Civil Service (Pension) Rules, 20212, due to personal and health reasons with effect from 31 January 2025. The Petitioner’s recommended case was received at the Bureau through Coast Guard Headquarters, Regional Headquarters (North-East), vide communication dated 27 August 2024 recommending its consideration by the Competent Authority. 3. Vide letter dated 9 December 2024 the request of petitioner for voluntary retirement was accepted by the respondents under Rule 273 1 43. Retirement on completion of twenty years' qualifying service. – (1) At any time after a Government servant has completed twenty years' qualifying service, he may, by giving notice of not less than three months in writing to the appointing auth