- (1.) SPECIAL leave granted.
(2.) IN 1980 the appellant was working as an Accountant in the Photo Division of the Ministry of Information and Broadcasting, New Delhi. By that time the appellant had rendered more than 20 years' service. By the letter dated 24th of December, 1980 the appellant sought voluntary retirement from the service after having completed more than 20 years' service. The said letter dated 24th of December, 1980 which was addressed to the Director, Photo Division, Ministry of Information and Broadcasting stated, inter alia, as follows: I beg to seek voluntary retirement on 31.3.1981. I had joined government service on 4th August, 1958, thus I have completed more than 20 years service. My notice period may please be treated w.e.f. 1.1.1981. The appellant states that three months notice was required by the rules of service to which the appellant belonged. The said voluntary retirement was sought under Rule 48 A of the Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as 'the Pension Rules'). The Rule 48 A provides as follows: 48 A. Retirement on completion of 20 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 authority, retire from service. (2) The notice of voluntary retirement given under Sub rule (1) shall require acceptance by the appointing authority.Provided that where the appointing authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period.
(3.) SUB rule (4) of Rule 48 A prevents withdrawal of resignation letter except with the approval of the authority. The said Sub rule (4) provides as follows: (4) A Government servant, who has elected to retire under this rule and has given the necessary notice to that effect to the appointing authority, shall be precluded from withdrawing his notice except with the specific approval of such authority. ;