SERVICE LAW | VOLUNTARY RETIREMENT | VRS | RULE 74 BIHAR SERVICE CODE | WITHDRAWAL | PATNA HIGH COURT

I Applied for Voluntary Retirement and Then Changed My Mind - Can I Withdraw the Request Before It Takes Effect?

By Advocate Ankit Kumar Singh

Legally reviewed and updated: 8 September 2026

Supreme Court of India | Patna High Court | Allahabad High Court at Prayagraj | Jharkhand High Court at Ranchi | Calcutta High Court | Delhi High Court and Delhi Courts/Tribunals | Matters concerning Bhopal, Madhya Pradesh | Multiple District Courts

Direct Answer

Yes. In many service-law situations, a voluntary-retirement request can be withdrawn before the retirement actually takes effect.

The fact that the Department has already “accepted” your request does not always end the matter if:

• the retirement was to operate from a future date;
• that date has not yet arrived;
• you have not yet been lawfully relieved;
• the employer-employee relationship still continues;
• the governing rule does not create a valid bar to withdrawal.

However, the exact service rule is critical.

Some rules specifically require:

APPROVAL OF THE APPOINTING AUTHORITY FOR WITHDRAWAL.

In such a case, the request should be filed before the effective retirement date and the authority must exercise its power reasonably.

The Most Important Question: What Is the Effective Date?

Consider this chronology:

VRS APPLICATION
01.01.2026

        ↓

DEPARTMENT ACCEPTS
01.02.2026

        ↓

EMPLOYEE WITHDRAWS
15.02.2026

        ↓

VRS WAS TO TAKE EFFECT
01.04.2026

The legally important date may be:

01.04.2026.

If the retirement remains prospective until that date, Supreme Court precedent can preserve the employee's right to change his mind before the employment relationship actually ends.

What Is Locus Poenitentiae?

The expression locus poenitentiae refers to an opportunity to reconsider or withdraw a proposed course of action before it becomes legally complete.

In voluntary-retirement cases, the concept means:

AN EMPLOYEE MAY HAVE AN OPPORTUNITY TO WITHDRAW THE VRS PROPOSAL BEFORE THE PROPOSED RETIREMENT BECOMES EFFECTIVE.

This principle appears repeatedly in Supreme Court service jurisprudence.

Balram Gupta: Acceptance Does Not Always End the Right to Withdraw

In Balram Gupta v. Union of India, 1987 Supp SCC 228, the employee sought voluntary retirement from a future date.

The Government accepted his request before that future date arrived.

The employee then changed his mind and sought withdrawal before retirement became effective.

The applicable rule required approval for withdrawal.

The Supreme Court nevertheless held that:

THE APPROVING AUTHORITY COULD NOT REFUSE WITHDRAWAL ARBITRARILY OR WITHOUT A VALID REASON.

Approval Cannot Be Mere Ipse Dixit

Where the rule requires the appointing authority's permission to withdraw VRS, the employee should not assume permission is unnecessary.

But the Government should also not assume:

“WE CAN REFUSE BECAUSE WE WANT TO.”

The authority must act:

• reasonably;
• rationally;
• on relevant considerations;
• consistently with the governing service rule.

This is an important lesson from Balram Gupta.

J.N. Srivastava: The Clearest Effective-Date Rule

In J.N. Srivastava v. Union of India, (1998) 9 SCC 559, the voluntary-retirement notice was to operate after the notice period.

The Department accepted it before the retirement date.

The employee withdrew the proposal before the retirement date actually arrived.

The Supreme Court recognised his right to withdraw.

Therefore:

ACCEPTED DOES NOT ALWAYS MEAN EFFECTIVE.

Shambhu Murari Sinha: Was the Employee Actually Released?

In Shambhu Murari Sinha v. Project & Development India Ltd., the management accepted the employee's VRS option.

But:

• he continued working;
• a later release memo was contemplated;
• he remained an employee until the actual release date.

Before being released, he withdrew his VRS option.

The Supreme Court held that the employment relationship had not yet ended.

The withdrawal therefore had legal effect.

Acceptance, Effective Date and Relieving Are Different Events

Event	Legal Significance
VRS application submitted	Employee proposes retirement
Department accepts VRS	May approve prospective retirement
Withdrawal communicated	Employee revokes proposal, subject to governing rule
Effective retirement date arrives	Can sever service relationship
Employee actually relieved	Important evidence of termination of jural relationship

Never analyse a VRS dispute from the acceptance letter alone.

Shailesh Kumar Paswan: Direct Bihar Example

In Shailesh Kumar Paswan v. State of Bihar, CWJC No.7837 of 2024, decided on 8 July 2024, the employee submitted a voluntary-retirement request on:

28.06.2021.

He subsequently changed his mind and sought to continue in service.

He again formally communicated withdrawal on:

30.08.2022.

The Department had still not validly accepted the VRS proposal.

The Department Tried to Accept the Old VRS Later

Only on:

27.01.2023

did the Department issue an order accepting the earlier VRS request.

By that stage:

THE EMPLOYEE HAD ALREADY WITHDRAWN HIS PROPOSAL AND EXPRESSED HIS DESIRE TO CONTINUE IN SERVICE.

Patna High Court quashed the later acceptance.

The Department was directed to permit him to join.

But Shailesh Kumar Paswan Contains an Important Warning

The employee had stopped attending his office after initially applying for voluntary retirement.

Patna High Court therefore denied salary for the period during which he had not worked.

This creates a very important practical rule:

FILING VRS DOES NOT BY ITSELF AUTHORISE AN EMPLOYEE TO ABANDON DUTY.

Unless retirement has lawfully become effective or you are formally relieved:

• continue reporting for duty;
• or obtain sanctioned leave;
• or obtain a written departmental direction.

Hareramacharya: Who Was Competent to Accept the VRS?

In Hareramacharya v. Union of India, Patna High Court examined a situation where the employee withdrew his VRS before the legally competent authority approved it.

The earlier purported acceptance relied upon by management did not amount to valid acceptance by the competent authority.

When the competent Managing Committee eventually acted:

THE EMPLOYEE'S WITHDRAWAL WAS ALREADY ON RECORD.

The subsequent VRS approval could not stand.

Always Identify the Competent Authority

Ask:

• Who appointed you?
• Who is authorised to accept VRS?
• Was the acceptance signed by that authority?
• Was approval delegated?
• Was a committee resolution required?
• Was the committee resolution actually passed?

An invalid acceptance by an incompetent officer should not automatically be treated as terminating the employee's right to reconsider.

What Does Rule 74 of the Bihar Service Code Do?

Rule 74 contains the Bihar service framework concerning retirement after specified age/service conditions.

Patna High Court decisions recognise that qualifying Government servants can seek voluntary retirement under the Rule by giving the prescribed notice.

But Bihar also has a liberalised voluntary-retirement scheme associated with qualifying service.

Therefore:

FIRST IDENTIFY WHICH LEGAL ROUTE YOUR APPLICATION ACTUALLY INVOKED.

The Bihar 20-Year Voluntary-Retirement Scheme

The Bihar Government's liberalised voluntary-retirement scheme permits a qualifying employee to seek retirement after the prescribed service period.

The scheme also addresses withdrawal.

The withdrawal provision contemplates:

• application before expiry of the retirement-notice period; and
• consent of the appointing authority.

Therefore it is unsafe to state:

“EVERY BIHAR GOVERNMENT EMPLOYEE HAS AN ABSOLUTE UNILATERAL RIGHT TO WITHDRAW VRS.”

The correct approach is to combine:

THE GOVERNING BIHAR RULE + BALRAM GUPTA'S REQUIREMENT OF REASONABLE EXERCISE OF APPROVAL POWER.

What If the Department Accepted My VRS Before I Withdrew It?

Do not stop the analysis there.

Ask:

1. Was retirement to operate immediately or from a future date?
2. Has that date arrived?
3. Have you actually been relieved?
4. Does the rule require approval for withdrawal?
5. Why has approval been refused?

If:

VRS was accepted today

but:

retirement becomes effective two months later,

a withdrawal submitted tomorrow may still have a strong legal basis.

What If I Withdrew Before the Department Accepted the VRS?

This is ordinarily the stronger case.

The sequence is:

VRS OFFER
        ↓
WITHDRAWAL
        ↓
NO VRS OFFER REMAINS
        ↓
LATER DEPARTMENTAL
“ACCEPTANCE”

The Department ordinarily cannot resurrect an earlier proposal which the employee has already withdrawn.

Shailesh Kumar Paswan is particularly useful in Bihar on this issue.

Madan Mohan Tanti: Do Not Withdraw After the Effective Date

The Patna High Court's decision in Madan Mohan Tanti demonstrates the other side of the law.

The employee did not withdraw the voluntary-retirement offer before the relevant operative date.

The applicable scheme itself contemplated withdrawal before the retirement was to take effect.

Therefore:

DO NOT ASSUME THE RIGHT TO CHANGE YOUR MIND SURVIVES INDEFINITELY AFTER THE RETIREMENT DATE.

What If I Withdraw Only After I Have Been Relieved?

The normal pre-effective-date cases become much less useful.

Once:

• the effective date has arrived;
• employee has been relieved;
• jural relationship has ended;
• retiral benefits have been processed,

there is ordinarily no general right to revive the employment merely by sending a withdrawal letter.

Any relief would depend upon a specific statutory rule or exceptional legal defect.

What If I Already Took VRS Compensation or Retiral Money?

That can materially complicate the case.

The Department may argue that:

• VRS was fully acted upon;
• employee accepted the settlement;
• employee cannot simultaneously keep VRS benefits and claim continuation.

Immediately identify:

• withdrawal date;
• effective date;
• payment date;
• whether money was accepted under protest;
• whether repayment was offered;
• exact VRS scheme.

Voluntary Retirement Is Not the Same as Resignation

This distinction can have major pension consequences.

Voluntary Retirement

Ordinarily occurs after satisfying qualifying service/age requirements under a pension or service-rule framework.

Resignation

May operate differently and can affect past service and pension depending upon the applicable rules.

The Department should therefore not casually convert:

“MY REQUEST FOR VOLUNTARY RETIREMENT”

into:

“MY RESIGNATION.”

Dr. Vinoy Singh: VRS Cannot Simply Be Treated as Resignation

In Dr. Vinoy @ Dr. Vinoy Singh v. State of Bihar, Patna High Court held that the employee's voluntary-retirement request could not simply be treated as a resignation with retrospective effect.

The distinction matters because:

• pension rights differ;
• past qualifying service may differ;
• effective dates differ;
• legal consequences differ.

What If a Departmental Proceeding Is Pending Against Me?

Do not assume that VRS automatically ends disciplinary jurisdiction.

Some retirement rules permit the competent authority to refuse or withhold voluntary retirement where:

• employee is under suspension;
• major disciplinary proceedings are pending;
• serious proceedings are contemplated;
• public interest requires continuation.

Therefore:

VRS SHOULD NOT BE USED AS A PRESUMED ESCAPE ROUTE FROM A DISCIPLINARY CASE.

The governing service rule must be checked first.

What Should I Do the Moment I Change My Mind?

1. Prepare a written withdrawal immediately.
2. Refer to the original VRS application date.
3. State the proposed effective retirement date.
4. Clearly say that you withdraw/revoke the VRS proposal.
5. State that you wish to continue in service.
6. Request formal acknowledgment.
7. Email it as well as submit physically where possible.
8. Send by registered/speed post if necessary.
9. Continue reporting for duty unless validly relieved.
10. Preserve attendance evidence.

Do not rely upon:

ORAL WITHDRAWAL.

What Documents Should Be Collected?

1. Original appointment letter.
2. Applicable service rules.
3. Applicable VRS scheme/circular.
4. Original VRS application.
5. Proof of its receipt.
6. Acceptance order, if any.
7. Proposed effective date.
8. Withdrawal application.
9. Proof of receipt of withdrawal.
10. Email delivery records.
11. Transfer/posting orders issued after VRS.
12. Attendance records.
13. Leave applications.
14. Relieving order, if any.
15. Charge-handover record.
16. Pension papers.
17. VRS compensation calculation.
18. Retiral-benefit payment record.
19. Departmental proceeding papers, if applicable.

The VRS Withdrawal Audit

Question	Why It Matters
Which service rule governs VRS?	Determines whether acceptance/approval is required
When was VRS application submitted?	Starting chronology
What effective retirement date was requested?	Critical locus poenitentiae date
Was VRS accepted?	Relevant but not always decisive
Who accepted it?	Competence/jurisdiction
When did employee withdraw?	Must ordinarily precede effective retirement
Was withdrawal acknowledged?	Evidence
Was employee actually relieved?	Jural relationship issue
Did employee continue working?	Service continuity and salary
Did employee stop attending voluntarily?	No-work-no-pay risk
Were VRS benefits accepted?	Acquiescence/settlement issue
Were disciplinary proceedings pending?	VRS may lawfully be withheld

What Should the Withdrawal Letter Say?

The letter should clearly state:

ORIGINAL VRS APPLICATION DATE
        ↓
PROPOSED EFFECTIVE RETIREMENT DATE
        ↓
VRS HAS NOT YET BECOME EFFECTIVE
        ↓
I HEREBY WITHDRAW / REVOKE
THE VRS REQUEST
        ↓
I DESIRE TO CONTINUE
IN GOVERNMENT SERVICE
        ↓
PLEASE TREAT MY EARLIER
NOTICE AS WITHDRAWN
        ↓
I SHALL CONTINUE TO
DISCHARGE MY DUTIES

Where the rule requires approval:

expressly seek:

APPROVAL OF THE APPOINTING AUTHORITY FOR WITHDRAWAL.

Can Patna High Court Be Approached?

Yes, depending upon the facts.

An Article 226 challenge can be particularly strong where:

• VRS was withdrawn before acceptance;
• Department accepted it only after withdrawal;
• acceptance came from an incompetent authority;
• prospective retirement had not yet become effective;
• withdrawal approval was rejected without reasons;
• binding service rules were ignored;
• VRS was wrongly treated as resignation.

Possible relief may include:

• quashing VRS acceptance;
• direction to permit joining;
• service continuity;
• consideration of withdrawal by competent authority;
• appropriate consequential benefits.

Salary for periods not actually worked remains a separate question.

Frequently Asked Questions

Can I withdraw VRS before the Department accepts it?

Ordinarily this is the strongest withdrawal situation. Once withdrawal has validly reached the authority, a later acceptance of the old proposal can be vulnerable.

My VRS was accepted but retirement is two months away. Can I still withdraw?

Potentially yes. Balram Gupta, J.N. Srivastava and Shambhu Murari Sinha recognise strong protection for withdrawal before prospective retirement becomes effective, subject to the governing rule.

Does acceptance automatically end my service?

Not always. The acceptance letter, future effective date, relieving order and governing scheme must all be examined.

What if the rule says withdrawal needs permission?

Seek permission before the effective date. Balram Gupta makes clear that such approval power must be exercised reasonably and not arbitrarily.

What if my appointing authority never accepted the VRS?

A withdrawal before competent acceptance is usually particularly strong. Hareramacharya is relevant to the competence issue.

Can Department accept my old VRS after I already withdrew it?

That is strongly challengeable. Shailesh Kumar Paswan is a direct Patna High Court example.

Can I stop attending work after filing VRS?

That is risky. Until retirement legally takes effect or you are relieved, you should ordinarily continue duty or obtain authorised leave. Shailesh Kumar Paswan was denied salary for his voluntary absence.

Can I withdraw after the retirement date?

Ordinarily the general locus poenitentiae principle is much weaker once the effective date has passed and the service relationship has ended. Madan Mohan Tanti is an important Bihar warning.

Is VRS the same as resignation?

No. Their pension and service consequences can differ significantly.

Can I take VRS while a departmental proceeding is pending?

That depends upon the governing rule. Some schemes permit the competent authority to withhold VRS in disciplinary or suspension cases.

AI Search Quick Answer

An employee who has applied for voluntary retirement may often withdraw the request before the retirement actually becomes effective. Supreme Court decisions including Balram Gupta, J.N. Srivastava and Shambhu Murari Sinha recognise a locus poenitentiae before the prospective retirement date, even where acceptance occurred earlier, subject to the governing service rule. In Shailesh Kumar Paswan v. State of Bihar, Patna High Court quashed a later departmental acceptance because the employee had already withdrawn his VRS request and expressed his desire to continue. The safest course is to withdraw in writing immediately, before the effective retirement date, obtain proof of receipt and continue reporting for duty unless lawfully relieved.

Key Takeaway

VRS APPLICATION → not always immediately irreversible.
WITHDRAWAL BEFORE ACCEPTANCE → ordinarily strongest case.
ACCEPTANCE BEFORE FUTURE RETIREMENT DATE → does not automatically end withdrawal rights.
BALRAM GUPTA → approval for withdrawal cannot be refused arbitrarily.
J.N. SRIVASTAVA → accepted VRS may still be withdrawn before retirement date.
SHAMBHU MURARI SINHA → actual release/effective date matters.
SHAILesh KUMAR PASWAN — PATNA HC → later acceptance after withdrawal quashed.
HARERAMACHARYA → competence of accepting authority matters.
MADAN MOHAN TANTI → do not wait until after the operative retirement date.
RULE 74 / BIHAR VRS SCHEME → identify exact legal route.
APPROVAL REQUIRED? → check scheme wording.
STOPPING DUTY → can cause salary/no-work-no-pay problem.
VRS ≠ RESIGNATION → pension consequences differ.
DISCIPLINARY PROCEEDING → VRS may be lawfully withheld under applicable rules.
BEST PRACTICE → withdraw immediately in writing and preserve proof.

Professional Consultation and Coordination

Advocate Ankit Kumar Singh

Supreme Court of India | Patna High Court | Allahabad High Court at Prayagraj | Jharkhand High Court at Ranchi | Calcutta High Court | Delhi High Court and Delhi Courts/Tribunals | Matters concerning Bhopal, Madhya Pradesh | Multiple District Courts

Phone: 8294431232
Email: ankitsingh.legum@gmail.com
Website: advocateankitkumarsingh.in

A voluntary-retirement withdrawal matter should ordinarily be reviewed from the applicable service rules, original VRS application, proposed effective date, acceptance order, withdrawal communication, proof of receipt, relieving order, attendance records, pension papers and any disciplinary proceeding.

The first exercise should be:

VRS RULE → APPLICATION DATE → EFFECTIVE DATE → ACCEPTANCE DATE → COMPETENT AUTHORITY? → WITHDRAWAL DATE → RECEIPT PROOF → RELIEVED OR STILL SERVING? → DUTY ATTENDANCE → VRS BENEFITS → WRIT REMEDY.

No reinstatement, continuation, salary, pension or other judicial outcome can be guaranteed.

Related Service-Law Guides

• Bihar CCA Rules 2005: Complete Departmental Proceeding Guide for Government Employees
• How to File Writ Petition in Patna High Court 2026
• Service Matter, Departmental Proceedings, Retirement and Writ Practice Before Patna High Court

Official and Leading Authorities

• Shailesh Kumar Paswan v. State of Bihar, CWJC No.7837 of 2024, Patna High Court, 8 July 2024.
• Hareramacharya v. Union of India, CWJC No.38 of 2022, Patna High Court, 11 January 2023.
• Madan Mohan Tanti v. State of Bihar, Patna High Court, 6 March 1991.
• Dr. Vinoy @ Dr. Vinoy Singh v. State of Bihar, CWJC No.1556 of 2019, Patna High Court, 18 February 2021.
• Balram Gupta v. Union of India & Another, 1987 Supp SCC 228.
• J.N. Srivastava v. Union of India & Another, (1998) 9 SCC 559.
• Shambhu Murari Sinha v. Project & Development India Ltd., Supreme Court.
• Srikantha S.M. v. Bharath Earth Movers Ltd., (2005) 8 SCC 314.
• Union of India v. Wing Commander T. Parthasarathy, (2001) 1 SCC 158.
• Power Finance Corporation Ltd. v. Pramod Kumar Bhatia, (1997) 4 SCC 280.
• Bihar Service Code — Rule 74 and applicable Government voluntary-retirement instructions/schemes.

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Professional Disclaimer: This article provides general legal information. The right to withdraw a voluntary-retirement request depends upon the governing service rule or VRS scheme, qualifying service, wording of the employee's notice, proposed effective date, acceptance by the competent authority, requirement of approval for withdrawal, relieving status, disciplinary proceedings and whether VRS benefits have already been acted upon. Submission or even acceptance of a VRS request does not in every case make retirement immediately irrevocable, but withdrawal after the effective retirement date stands on a materially different footing. No continuation, reinstatement, salary, pension or judicial result can be guaranteed.

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