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abi
20-01-2011, 12:42 PM
Hi,my friend a cge who had applied for vrs and vrs was granted to him,but before one day the completetion of the last date of retirement he refused vrs and in this order he sent a refusal letter by registered post to hi authority.now he is retired and he want to come back in service .
Is there any option to hime to come back in service.

RKPATHAK
20-01-2011, 03:40 PM
As per rule a disinterested employee should not be retained in service. Hence no provision

abi
20-01-2011, 07:38 PM
he is a poor person.is there any court judgement in this regard in past

SASI
20-01-2011, 08:58 PM
One can withdraw the application for voluntary retirement before the intended date of retirement.
Rule 48(2) of the Central Civil Services (Pension)Rules, 1972 reads as under :- "(2) A Government servant, who has elected to retire under this rule and has given the necessary intimation to that effect to the Appointing Authority, shall be precluded from withdrawing his election subsequently except with the specific approval of such authority :
Provided that the request for withdrawal shall be within the intended date of his retirement."

Please go through the judgment of the Hon Supreme court dated 1-9-87 in Balram Gupta Vs Union of India.

SASI

abi
21-01-2011, 12:46 PM
Sir do u have copy of the said hon'ble supreme court's judgement.pl.supply.

SASI
21-01-2011, 07:06 PM
The judgment is available in the site of supreme court of india. Go to www.judis.nic.in.
Click the link 'Supreme Court of India' and search by the name of the petitioner. It is also available in other sites, which can be had by searching in Google.

sasi

sa8298
25-01-2011, 02:30 PM
The judgment is available in the site of supreme court of india. Go to www.judis.nic.in.
Click the link 'Supreme Court of India' and search by the name of the petitioner. It is also available in other sites, which can be had by searching in Google.

sasi

The wordings "can not be percluded without the prior approval of the competent authority" is the key point in the issue. The person who wants to withdraw his application submitted for going in voluntary retirement is required to submit his application for withdrawing his earlier application (for voluntary retirement) before the date of expiry of the date on which he would have retired. Second the withdrawal application can not be accepted without the approval of the competent authority. Here the competent authority for this purpose is the authority who has the power to appoint that post occupied by the applicant. The competent authority is the only person who can accept the application for withdrawing the application submitted for vRS. He has also power not to accept the withdrawal application. But generally it is accepted.

ramanrao60
25-01-2011, 02:54 PM
The wordings "can not be percluded without the prior approval of the competent authority" is the key point in the issue. The person who wants to withdraw his application submitted for going in voluntary retirement is required to submit his application for withdrawing his earlier application (for voluntary retirement) before the date of expiry of the date on which he would have retired. Second the withdrawal application can not be accepted without the approval of the competent authority. Here the competent authority for this purpose is the authority who has the power to appoint that post occupied by the applicant. The competent authority is the only person who can accept the application for withdrawing the application submitted for vRS. He has also power not to accept the withdrawal application. But generally it is accepted.
if the withdrawal is not accepted, then the competent authority has to pass a speaking order,clearly outlining the reasons