Delhi High Court: Employer Cannot Indefinitely Withhold Voluntary Retirement With Valid Grounds

The Delhi High Court in the case Sandeep Gupta v. Union of India & Ors observed and has ruled that an employer cannot indefinitely withhold voluntary retirement under Rule 56(k) of the Fundamental Rules.

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The court in the case held that pending vigilance clearance or mere potential inquiries are not valid grounds for withholding retirement.

Further, the court clarified that the employer must communicate any rejection before the notice period expires; else, it would amount to deemed acceptance.

The Division bench comprising of Justice Navin Chawla and Justice Shalinder Kaur was hearing the present matter.

Background of the Case: Sandeep Gupta joined the General Reserve Engineer Force with BRO in the year 1995 as an Assistant Executive Engineer and was promoted to Superintending Engineer in 2017. After nearly three decades of service, he sought voluntary retirement citing health issues and family responsibilities.

Sandeep Gupta applied for it under Rule 48 of the Central Civil Services (Pension) Rules, 1972, the CCS Pension Rules and Rule 56(k) of the Fundamental Rules FRs. However, his request was not processed despite multiple reminders.