HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 812 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE SIDDHARTH NANDAN, J. 1. Heard Shri Rakesh Kumar Mathur, learned counsel for the appellant and Shri Ganesh Datt Mishra, learned counsel for respondents no.2 and 3. 2. The instant intra court appeal is directed against the order of learned Single Judge dated 28.07.2025 by which Writ-A No.39453 of 2017 filed by the appellant (hereinafter referred to as 'the petitioner') and other employees seeking direction to the respondents to pay three months' salary to them for the notice period consequent upon their request for VRS having been accepted, has been dismissed. 3. The petitioner was an employee of Pradeshik Co-operative Dairy Federation Limited. He applied for voluntary retirement under VRS dated 24.09.2015. The last date for making application under the said scheme was up to 31.10.2015. On 30.09.2015, a circular was issued by Managing Director/President, Administrative Committee, Pradeshik Co-operative Dairy Federation Limited, Lucknow clarifying certain aspects of the VRS dated 24.09.2015. In para 3 of the said circular, it has been clarified that as the last date for submitting application for availing the benefit of the scheme is 31.10.2015, therefore, period thereafter up to 31.01.2016 would be treated to be notice period by the employee concerned. The same is extracted below for ease of reference: "5??/5K 9O 31 ]?K-9 2015 -5 =Io9o9o=O/) +} / ?}- ?5 7 9Im -= 31 <)=9I 2016 -5 -I) /?9 )K??9 +I?9/) /?)? <?/O7?m /?9 <)=9I 2016 5O +K=} 9O=? ?)=Km 9K)O =?;O 5??/5K 5O Versus Counsel for Appellant(s) : Mrityunjay Pandey, Rakesh Kumar Mathur, Sanjay Pandey Counsel for Respondent(s) : C.S.C., Ganesh Datt Mishra Birendra Kumar Choudhary .....Appellant(s) State Of Up And 2 Others .....Respondent(s) =Io9o9o 9o-m/I =O/) +} +9 ?=:?9 )9K ?5/? <?/O7?m" 4. The request of the petitioner for voluntary retirement under VRS dated 24.09.2015 was accepted with effect from 31.01.2016. 5. The case of the petitioner is that he was entitled to salary for next three months in lieu of notice period consequent upon acceptance of his request for voluntary retirement since 31.01.2016. The learned Single Judge has repelled the said contention relying on para 3 of the circular letter dated 30.09.2015. 6. Learned counsel for the petitioner submits that the department subsequently issued a clarification on 07.01.2016 whereby it was clarified that three months notice period would start from 31.01.2016, the date since which the voluntary retirement was accepted. The learned Single Judge has held that the clarification made by the department by circular letter dated 30.09.2015 is unambiguous and the notice period would start running from 31.10.2015, the last date prescribed for submission of the application under the Scheme. It has also been observed that the circular letter dated 30.09.2015 (Government Order) is not under challenge and, therefore, the clarifications made therein are binding. 7. Learned counsel for the petitioner vehemently submits that the learned Single Judge has over looked the clarification made by the department on 07.01.2016 to the effect that the notice period would start running from 01.01.2016, the date on which the voluntary retirement became effective. 8. We have carefully gone through the said letter. The said letter is by General Manager (Administration) addressed to Special Secretary, Dairy Development, U.P Government, Lucknow seeking clarification with regard to notice period under Voluntary Retirement Scheme. Guidance was sought as to whether (i) three months notice period would commence from the date of application; (ii) the notice period would come to an end on 31.01.2016 in terms of circular letter dated 30.09.2015 and (iii) notice period would commence from 01.01.2016 or 31.01.2016 when the VRS became effective. In pursuance of the said communication, a response was sent on 17.02.2016 stating that action be taken as per Rule 56 of Financial Hand Book (Volume II, Part II to IV). The relevant provision SPLA No. 812 of 2025 2 under Rule 56 of Financial Hand Book (Volume II, Part II to IV) dealing with the period of notice is as follows: "(d) The period of such notice shall be three months; Provided that- (i) any such Government servant may by order of the appointing authority, without such notice or by a shorter notice, be retired forthwith at any time after attaining the age of fifty years, and on such retirement the Government servant shall be entitled to claim a sum equivalent to the amount his pay plus allowances, if any, for the period of the notice or, as the case may be, for the period by which such notice falls short of three months, at the same rates at which he was drawing immediately before his retirement; (ii) it shall be open to the appointing authority to allow a Government servant to retire without any notice or by a shorter notice without requiring the Government servant to pay any penalty in lieu of notice;" (emphasis supplied) 9. The voluntary retirement scheme and the circular letter dated 30.09.2015 specifically provided that the notice period would start from 31.10.2015, the last date for submitting the application under the Scheme. The petitioner knowing the said provision applied for voluntary retirement and after it has been accepted, it is not open to him to set up any claim contrary to it. It has also been rightly observed by learned Single Judge that the circular letter dated 30.09.2015 by which the said aspect was clarified is not under challenge and consequently it was not open to the petitioners to take any plea which is in conflict with the said stipulation. 10. We find no good ground to take a different view. 11. The appeal lacks merit and is, accordingly, dismissed. October 8, 2025 Ankit. SPLA No. 812 of 2025 3 (Siddharth Nandan,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad