UNION OF INDIA Vs. 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.) Brief facts of the case in hand are that, the respondent herein was working in the third appellant-Border Security Force. Having put in more than 38 years of service, the respondent requested the third appellant to permit him to take Voluntary Retirement with effect from 31st December 2005 for the reasons mentioned in his application dated 17th September 2005. Among other things, he had mentioned in his application that on account of his wife's ill-health and as his wife had to undergo various operations due to the fact that she was suffering from cancer of the ovary, he was constrained to seek Voluntary Retirement from the aforementioned date, i.e. 31-12-2005. The request of the respondent was accepted by the third appellant on 02-12-2005. Thereafterwards, the respondent made another request to the third appellant to permit him to take Voluntary Retirement with effect from 31-03-2006 instead of 31-12-2005. The third appellant issued an endorsement to the respondent vide Annexure A to the writ petition dated 31-12-2005 to the effect that, there is no provision to extend the date of Voluntary Retirement of the respondent, since the notice/request has been accepted and issued an endorsement to that effect. Being highly aggrieved by the said endorsement issued by the third appellant, the respondent filed a writ petition in W.P. No. 1992/2009, before the learned Single Judge, seeking appropriate reliefs as stated above.