STATE OF HARYANA versus S.K. SINGHAL

STATE OF HARYANA versus S.K. SINGHAL

Under the express wording of Rule 5.32B(2) proviso, if the appointing authority does not refuse permission before expiry of three months from the notice date, retirement becomes automatically effective from that expiry date; absence from duty is not a valid ground for withholding retirement unless refusal is communicated within the notice period.

Parties
Appellant: State of Haryana; Respondent: S.K. Singhal
Jurisdiction
India
Judgment Date
16 April 1999
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal dismissed
Legal Topics
Voluntary Retirement, Interpretation of Service Rules, Automatic Retirement Upon Notice
Service Law Administrative Law Voluntary Retirement Interpretation of Service Rules Automatic Retirement Upon Notice

Case Brief

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Parties

State of Haryana

Appellant

S.K. Singhal

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether voluntary retirement under Rule 5.32B becomes automatically effective after expiry of three months' notice if permission is not refused by appointing authority.
  2. 2 Whether absence from duty during notice period is relevant to the effectiveness of voluntary retirement.

Ratio Decidendi

Under the express wording of Rule 5.32B(2) proviso, if the appointing authority does not refuse permission before expiry of three months from the notice date, retirement becomes automatically effective from that expiry date; absence from duty is not a valid ground for withholding retirement unless refusal is communicated within the notice period.

Court Disposition

Appeal dismissed

Orders

  • Order of the High Court quashing the Civil Surgeon's order is upheld.
  • State to implement High Court's order within three months from receipt of Supreme Court order.