UNION OF INDIA, REP. BY ITS SECRETARY, INSPECTOR GENERAL (COMMUNICATION) AND THE DEPUTY INSPECTOR GENERAL, COMMANDANT STS, BORDER SECURITY FORCE Vs. SRI. B.S. BOPAIAH

JUDGEMENT

(1.) THE appellants, who were respondents in the writ petition, have assailed the correctness or otherwise of the order impugned passed by the learned Single Judge, in Writ Petition No. 1992/2009 dated 18th November 2010. In the writ petition filed by respondent herein, he had sought for quashing the endorsement dated 31st December, 2005 issued by the second respondent vide Annexure E to the writ petition, as the same is illegal, unjust, arbitrary, mala fide, discriminatory and thus violative of Articles 14 of the Constitution of India. Further, he had sought for a direction, directing the respondents to accept the request made by the respondent vide his representation dated 22nd December 2005 marked at Annexure C to the writ petition and allow him to attain the age of superannuation (on VRS Basis) with effect from 31 -03 -2006 instead of 31 -12 -2005 and accordingly to re -draw and re -fix his pensionary benefits and grant all the consequential reliefs.

(2.) THE aforesaid writ petition has been allowed by the learned Single Judge and the endorsement at Annexure E therein was set aside and the appellants herein were directed to consider the prayer of the respondent herein for re -fixation of pay consequent to the 6th Pay Commission and to release all the benefits which the respondent will be entitled to, in law, within three months from the date of receipt of a copy of the said order. Being aggrieved by the said order passed by the learned Single Judge, the appellants have come up before this Court in appeal, seeking appropriate reliefs as stated supra.

(3.) THE said writ petition had come up for consideration before the learned Single Judge on 18th November 2010 and the learned Single Judge, in turn, after hearing the learned counsel appearing for the parties and after perusal of the entire material available on his file, with reference to the relevant Rules consisting the Voluntary Retirement and other material on record, and also following the judgment of the Hon'ble Apex Court in the case of Shambhu Murari Sinha Vs. Project and Development India Ltd. and Another, AIR 2002 SC 1341 , opined that as on the date when the application was submitted by the respondent seeking extension of time, his Voluntary Retirement had not come into effect and therefore, following the said law laid down by the Hon'ble Apex Court and other CCS Rules of 1972 also being silent on the aspect of the time extension sought, in the absence of there being specific bar in the CCS Rules preventing a Government Servant from making an application seeking extension of time, held that the authorities could not have rejected the request of the respondent and accordingly, allowed the writ petition, setting aside the endorsement issued by the third appellant and directed the appellants to consider the request of the respondent for re -fixation of pay consequent to the 6th Pay Commission and to release all the benefits which he will be entitled to, in law within three months from the date of the said order Being aggrieved by the said order of the learned Single Judge, the appellants have presented this writ appeal, seeking appropriate reliefs as stated supra.