Legal Question in Administrative Law in India

in the maharashtra civil services [ pension] rules 1982,

in chapter 3, rule 10 [5] {a} [i]:- a govt servant can serve a notice of 3 months to the appropriate authority in writing and RETIRE on attaining the age of 50 year.

Now my doubt is : is it mandatory on the appropriate authority to accept the notice and grant retirement. Can it refuse sanction as in case in rule 66[2] where its specifically mentioned that govt can refuse.


Asked on 4/24/18, 1:25 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

12.05,2018

Dear Sir / Madam,

Though the provisions under the two Section are contravening, it remains mandatory on the part of the Government Employer to accept the notice of resignation and grant retirement. The power to withhold or reject the notice is exceptional in the event of there being any valid reason(s) like fraud or misappropriation or dereliction of duty on the part of the employee. In such an event, the Employer is bound to communicate these reason(s) to the employee in writing in the reply rejecting the notice of resignation and retirement.

Regards,

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Answered on 5/12/18, 6:49 am


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