UNION OF INDIA Vs. SATISH NAMDEORAO ANDRASKAR

JUDGEMENT

(1.) Heard finally. This is a petition by the Union of India questioning the order dtd. 1/3/2024 passed by the Central Administrative Tribunal, Mumbai Bench, Mumbai (for short the "Tribunal") in Original Application No.802 of 2023 (Satish Namdeorao Andraskar v. Union of India and others). In the said original application preferred by the respondent-employee, the challenge was to the decision dtd. 7/7/2023 issued by the petitioners thereby rejecting the prayer of the respondent who is working as an Assistant for grant of voluntary retirement, which was moved on 9/5/2023.

(2.) The Tribunal vide order impugned dtd. 1/3/2024 has allowed the original application and directed the acceptance of notice of voluntary retirement dtd. 9/5/2023 referred supra. A further declaration is awarded that the respondent stood retired on 9/5/2023 and directions are also issued to the petitioners, to take necessary steps for release of pension and pensionary benefits of the respondent within a period of three months from the date of receipt of certified copy of the said order. As a sequel of above, the Circular dtd. 12/5/2023 issued by petitioner No.2 came to be quashed, as the circular puts an embargo contrary to the relevant rules on the power of the petitioners to process and accept a request for voluntary retirement.

(3.) The facts necessary for deciding the writ petition are as under: