Voluntary Retirement Takes Effect Automatically If State Fails To Decline It Within Notice Period: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that under the Himachal Pradesh Civil Service (Premature Retirement) Rules, 2022, if the State fails to communicate refusal of an employee's voluntary retirement request within the statutory notice period, the retirement takes effect automatically.Justice Sandeep Sharma: “In case the authority fails to refuse the permission to retire before expiry of the period specified in the notice, voluntary retirement sought by an employee concerned would come into effect from the date specified in the notice”.The petitioner, a Medical Officer Dr. Y.S. Parmar Government Medical College (YSPGMC), Nahan, had served the State for over 25 years. In 2024 she applied for premature retirement, due to family reasons.In compliance with Rule 4(2) of the Himachal Pradesh Civil Service (Premature Retirement) Rules, 2022, she served a three-month notice through proper channels. However, when no decision was communicated to her within the three-month period, she relinquished her charge on January 8, 2025, and sought release of all retiral benefits.Surprisingly, more than two months later, the State rejected her request, claiming she did not fulfil the eligibility criteria but did not specify any reasons for it. The Court noted that as the State did not communicate anything during the notice period, it triggered the deemed retirement clause under the third proviso to Rule 4(2). In Tek Chand vs. Dile Ram, 2001, the Supreme Court held that “when a rule provides that retirement will take effect unless refused before the notice period expires, later rejection orders are meaningless”. The Court remarked that the State's explanations for delay, like internal communication lapses and confusion about the petitioner's nature of work, cannot override clear statutory framework. The rejection order was also held to be non-speaking and arbitrary, violating Article 14 of the Constitution.Thus, the Court quashed the rejection letters and directed the state to process her retirement letter and release her pension, gratuity, leave encashment and other retirement dues within two months. Case Name: Dr. Seema Sharma v/s The Secretary (Health) to the Government of H.P. & othersCase No.: CWP No.6781 of 2025Date of Decision: 15.07.2025For the Petitioner: Mr. Sunil Mohan Goel, Senior Advocate with Mr. Abhinav Mohan Goel, Advocate.Advocate For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General.Click Here To Read/Download Order

Voluntary Retirement Takes Effect Automatically If State Fails To Decline It Within Notice Period: Himachal Pradesh High Court

Mehak Aggarwal

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