Service Law

Voluntary retirement

— Request for, made by an officer governed by All India Services (Death-cum-Retirement Benefits) Rules — When acceptance necessary, (2006) 6 SCC 704-A

Service Law

Voluntary retirement

— Acceptance of request for — Competent authority — Request made by appellant IPS officer who was assigned joint cadre of Assam and Meghalaya — Under pre-amended rule it was State Govt., while under post-amended rule it was Central Govt. which was competent to grant acceptance — Accordingly, under the amended rule Central Govt. alone and not the State Govt. has to apply its mind to the request and communicate its acceptance to appellant — Acceptance of the request by any authority other than that provided under the Rules would be without jurisdiction and therefore, non est and coram non judice — On receipt of appellant's notice offering to voluntarily retire, Central Govt. first referred the matter to Joint Cadre Authority and on receipt of its approval, conveyed the same to Govt. of Assam with the request <169>to issue necessary orders/notifications accordingly<170>, whereafter by a notification Governor of Assam communicated to appellant its acceptance of appellant's request — Held, Central Govt. adopted a wrong procedure by approving the offer instead of accepting the same — Notification issued by State Govt. communicating its acceptance was bad in law, (2006) 6 SCC 704-B

Words and Phrases

— <169>Approval<170>, <169>acceptance<170> and <169>ratification<170> — Meaning and distinction between, (2006) 6 SCC 704-C

Service Law

Voluntary retirement

— When comes into force, (2006) 6 SCC 704-D

Service Law

Voluntary retirement

— Acceptance of request for — Order of acceptance should normally be passed within the period of notice given by the employee, though this is not an inflexible rule and depends upon facts and circumstances of each case, (2006) 6 SCC 704-E

Service Law

Voluntary retirement

— Acceptance of offer for — Communicated by State Govt. instead of Central Govt. which was competent under the Rules, hence bad in law — Relief to the employee concerned (appellant) — Exercise of jurisdiction under Art. 142 by Supreme Court — Having regard to peculiar facts and circumstances of the case, instead of reinstatement, directions issued regarding payment of retiral benefits with interest and salary for the period from the date from which voluntary retirement was to come into effect to the date of notification communicating the acceptance and costs of Rs 50,000, (2006) 6 SCC 704-F

Constitution of India

— Art. 142 — In appropriate cases, Supreme Court may refuse to exercise its jurisdiction under Art. 142 although it would be lawful to do so, (2006) 6 SCC 704-G