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Department give option for retirement after filed case against them


25-Feb-2023 (In Labour & Service Law)
Well my father terminated from his service in last 2017 therefor we file case against department in H.C allahbad but soon department give him retirement as an option..so my qus is if he will accept the retirement given by department this will weaken our case or not?
Answers (3)

Answer #1
711 votes
If the services of your father were terminated then he ceased to be the employee of the concerned department so how can the department give him option of retirement. You need to clarify further. If they are withdrawing the termination on your father's option to choose voluntary retirement, then it all depends on the merits of your case. I'll need further details to help you on this.
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Answer #2
806 votes
If ur case is strong then why u will accept retirement offer from department .It will make weak ur pending case .Frist make sure where ur case stand then take decision . Discuss with ur lawyer then take decision .In my opinion if u will choose retirement option it will weak ur case .
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Answer #3
812 votes
Take the option of retirement, litigation takes time. Plus it will add the perks of pension and other retirement benefits. If the termination was done illegally you may contest and bring to the notice of the court about this retirement option. Also, do consider the age of your father, if he was close to retirement age then taking retirement option and ending the litigation seems to be the best option. Lastly, the question of weakening the case would not arise as when you take the option of retirement it would be at the cost of withdrawal of writ petition.
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