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july 2008

Supreme Court of India · 2008-07-22

DIRECTOR GENERAL ESIC vs PUROSHOTTAM MALANI

Citation / case number
SC 2006/31787
Court
Supreme Court of India
Petitioner
DIRECTOR GENERAL ESIC
Respondent
PUROSHOTTAM MALANI
Author
A.K. MATHUR,P. SATHASIVAM, , ,
Bench
A.K. MATHUR,P. SATHASIVAM, , ,

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of the appellant's writ petition, affirming the Central Administrative Tribunal's order that allowed the respondent to withdraw his notice of voluntary retirement under Rule 48(2) of the Central Civil Services (Pension) Rules, 1972. The Court established that a government servant can revoke their resignation before the effective date, and the acceptance of retiral benefits should be disregarded in such cases. The Court concluded that the respondent's withdrawal of retirement notice was valid, thus entitling him to continuous service benefits.

DIRECTOR GENERAL ESIC vs PUROSHOTTAM MALANI · Niyam