UNION OF INDIA Vs. VED PRAKASH SHARMA

JUDGEMENT

(1.) THE petitioners, Union of India and Ors., have challenged the order dated 21st July, 2010 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.1098 of 2010, titled ,,Ved Prakash Sharma v. Union of India and Ors. holding that the respondent had served a proper notice under Rule 48 of the CCS (Pension) Rules, 1972 being eligible on 17th July, 2009 which attained finality and did not require any permission as the respondent was not under suspension and therefore, he is deemed to have retired on 18th October, 2009 and directing the petitioners to retire the respondent voluntarily w.e.f. 18th October, 2009 and granting all the pensionary benefits which are admissible to him as per rules.

(2.) THE petitioners have also challenged the order dated 14th September, 2010 passed in R.A.No.243 of 2010 dismissing the review application against the order dated 21st July, 2010 in O.A.No.1098 of 2010 on the ground that the review sought by the petitioners was not within the scope and ambit of Section 22 (3) (f) of the Administrative Tribunal Act, 1985.

(3.) PURSUANT to the notice of the respondent to permanently retire after attaining the age of 55 years, a communication dated 3rd July, 2009 was sent by the petitioners seeking an explanation as the rule quoted by the respondent, Fundamental Rule 56 (k)(1), does not cover voluntary retirement from service, and therefore, no action can be taken on his application. The respondent was advised to refer the correct rule/provision, if voluntary retirement is desired by him. He was also asked to forward his application along with proper recommendations.