SHAMBHU MURARI SINHA versus PROJECT AND DEVELOPMENT INDIA AND ANR

SHAMBHU MURARI SINHA versus PROJECT AND DEVELOPMENT INDIA AND ANR

An employee may withdraw an offer of voluntary retirement after acceptance by management but before the effective date, i.e., before being relieved from service; therefore, appellant stands entitled to continue in service.

Parties
Appellant: Shambhu Murari Sinha; Respondent: Project and Development India; Respondent: Anr.
Jurisdiction
India
Judgment Date
13 April 2000
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal allowed
Legal Topics
Voluntary Retirement, Effective Date, Withdrawal of Offer
Service Law Voluntary Retirement Effective Date Withdrawal of Offer

Case Brief

Summary, issues, holding and outcome

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Parties

Shambhu Murari Sinha

Appellant

Project and Development India

Respondent

Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether an employee can withdraw the offer of voluntary retirement after its acceptance but before it is made effective.

Ratio Decidendi

An employee may withdraw an offer of voluntary retirement after acceptance by management but before the effective date, i.e., before being relieved from service; therefore, appellant stands entitled to continue in service.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of the High Court is set aside.
  • Appellant shall be allowed to continue in service with all consequential benefits.