Supreme Court · 2002 INSC 139 · Decided 13 March 2002

Shambhu Murari Sinha v. Project and Development India LTD. and ANR.

Court
Supreme Court of India
Citation
2002 INSC 139 · [2002] 2 S.C.R. 396
Case number
CIVIL APPEAL No. 2639/2000
Decided
13 March 2002
Bench
S.N. PHUKAN, P. VENKATARAMA REDDI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 226

Headnote

Service Law: c Voluntary retirement scheme-Withdrawal-Permissibility of-Retirement application by employee-Acceptance by management with condition- Withdrawal of option of V.R.S. before effective date which is the date of actual release from service-However, management issued release order-Held, actual release of employee from service and not from the date of acceptance of the voluntary D retirement-Thus, since employee had locus poenitentiae to withdraw his propcsal for voluntary retirement before relationship of employer and employee comes to an end, management could not have refused

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