D.K. Mishra vs. Hon'ble High Court of M.P. and another

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 19818 of 2020, Judgment Date: Apr 01, 2021

Law laid down -

(i) Under Rule 42 of the M.P. Civil Services (Pension) Rules, 1976, a Government servant who had elected for voluntary retirement can withdraw his election subsequently with the specific approval of the authority and no absolute right exists in favour of such Government servant but the discretion given to the authority under Rule 42(2) is to be exercised “ön consideration of the circumstances of the case” and on the objective application of mind. Hence, the authority can deny the permission to withdraw the application for voluntary retirement by assigning appropriate reasons.

(ii) While exercising jurisdiction under Article 226 of the Constitution, this Court does not exercise the appellate power as against the decision impugned. Judicial review is merely confined to decision making process.

D.K. Mishra vs. Hon'ble High Court of M.P. and another