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july 2008

Supreme Court of India · 2008-07-22

Director General Esic & Anr vs Puroshottam Malani

Citation / case number
AIRONLINE 2008 SC 77
Court
Supreme Court of India
Petitioner
Director General Esic & Anr
Respondent
Puroshottam Malani
Bench
A.K. Mathur, P. Sathasivam

Judgment text excerpt

The Supreme Court upheld the decision of the High Court affirming the Central Administrative Tribunal's order, which allowed the respondent's withdrawal of his notice for voluntary retirement under Rule 48(2) of the Central Civil Services (Pension) Rules, 1972. The Court established that a government servant can withdraw their resignation prior to the effective date, and the acceptance of retiral benefits should be disregarded in such cases. The appeal was dismissed, affirming the respondent's entitlement to salary and pensionary benefits until actual superannuation.

Director General Esic & Anr vs Puroshottam Malani · Niyam