Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Pre-mature retirement |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law:Pre-mature retirement-Application for premature retirement by employee intending to take effect from a year thereafter-Also submitted a certificate stating that he was aware of the policy of non-acceptance of application seeking withdrawal of his application for pre-mature retirement-Four months thereafter, he moved an application seeking withdrawal of his application/or pre-mature retirement-The very next day he was served with a communication retiring him prematurely and rejecting his withdrawal application-Challenged in a writ petition which was allowed by Single Judge-Appeal before Division Bench dismissed-On appeal, Held: No statutory rules or provisions of any Act existed denying the right of seeking withdrawal of application for premature retirement-As the premature retirement was to take effect long after moving of application seeking withdrawal of premature retirement, there was no cessation of master and servant relationship-Employee's furnishing a certificate declaring that he was aware of the policy of non-acceptance of cancellation/withdrawal of application seeking premature retirement cannot stand in the way. |
Judge | Hon'ble Mr. Justice Doraiswamy Raju Hon'ble Mr. Justice Shivaraj V Patil |
Neutral Citation | 2000 INSC 517 |
Petitioner | Union Of India And Anr. |
Respondent | Wing Commander T. Parthasarathy |
SCR | [2000] Supp. (4) S.C.R. 531 |
Judgement Date | 2000-11-10 |
Case Number | 4537 |
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