Voluntary retirement becomes final on acceptance, and later withdrawal cannot restore service once the employment tie ends.

Seniori ty in service matters can confer locus standi where an employee's continued service would directly affect another officer's rights, and the Tribunal has jurisdiction over such disputes under the Administrative Tribunals Act. The Supreme Court also held that a notice of voluntary retirement under the All India Services (Death-cum-Retirement) Rules becomes operative on acceptance by the Government of India; once accepted and the service relationship is severed, a later withdrawal cannot revive service. On that basis, the withdrawal request was ineffective, the respondent had ceased in service from May 1993, and no further pay or consequential benefits were due.

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Issues: (i) Whether the appellant had locus standi to challenge the order permitting withdrawal of voluntary retirement and whether the Central Administrative Tribunal had jurisdiction; (ii) Whether the respondent's voluntary retirement had become effective so as to bar withdrawal, and whether the relationship of master and servant had already ended.

Issue (i): Whether the appellant had locus standi to challenge the order permitting withdrawal of voluntary retirement and whether the Central Administrative Tribunal had jurisdiction.

Analysis: Seniority is a service matter within the meaning of the Administrative Tribunals Act, 1985. If the respondent remained in service, the appellant's seniority would be affected, and that gave the appellant a direct legal grievance. The Tribunal was competent to entertain the challenge in respect of service matters, and the prior dismissal of the respondent's challenge to these findings left them final as against him.

Conclusion: The appellant had locus standi and the Tribunal had jurisdiction.

Issue (ii): Whether the respondent's voluntary retirement had become effective so as to bar withdrawal, and whether the relationship of master and servant had already ended.

Analysis: Under Rule 16(2) and Rule 16(2A) of the All India Services (Death-cum-Retirement) Rules, 1958, a notice of voluntary retirement becomes effective upon acceptance by the Government of India. Once the notice was accepted and retirement was permitted with effect from May 1993, the service relationship stood severed. Communication of the acceptance was not essential in the circumstances of a case where the officer had already abandoned service. After severance, withdrawal of the request for voluntary retirement could not revive the service relationship.

Conclusion: The respondent could not withdraw the request after acceptance, and the service relationship had ended.

Final Conclusion: The impugned judgment was set aside, the Tribunal's order was restored, and the respondent was held to have ceased in service from May 1993 without entitlement to further pay or consequential benefits.

Ratio Decidendi: A notice of voluntary retirement under the All India Services (Death-cum-Retirement) Rules, 1958 becomes operative on acceptance by the Government of India, and once the service relationship has been severed, a later withdrawal cannot restore service; a person whose seniority is directly affected by such an order has locus to challenge it before the Tribunal.

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