CHANDIGARH – The Punjab and Haryana High Court has delivered a landmark judgment, ruling that an employee’s request for voluntary retirement is “deemed accepted” if the competent authority fails to reject it within the stipulated three-month period. This decision, a significant win for employee rights, was made by a Division Bench comprising Justice Anupinder Singh Grewal and Justice Deepak Manchanda.
The ruling came in an appeal filed by the State of Punjab against a lower court’s decision in a case involving a Medical Laboratory Technician from the Government Medical College, Amritsar. The employee, who had completed 24 years of service, applied for premature retirement on November 18, 2014, citing the need to care for his 80-year-old father. He provided a three-month notice period equivalent salary in the form of a demand draft, which was encashed by the department on December 4, 2014.
At the time of his application, no disciplinary action was pending against him. His request was forwarded by the medical college principal, who also repeatedly recommended that his plea be treated with compassion. Despite this, the department remained silent on his application for nearly a year before finally rejecting it on October 8, 2015. Subsequently, a chargesheet was issued against him in March 2016 for unauthorized absence from duty.
The High Court bench meticulously examined the Punjab Civil Services (Premature Retirement) Rules, 1975. It observed that Rule 3(3)(c) clearly states that if an authority does not refuse the request within the notice period, the retirement becomes effective from the expiry date of the notice. The bench asserted, “We have no hesitation in holding that… the application is deemed to have been accepted by the competent authority.” The court’s decision sets a strong precedent, affirming that the state’s inaction in such cases is equivalent to acceptance, preventing unnecessary bureaucratic delays and providing clarity to employees seeking voluntary retirement.