SWEEPER VENKATESHAPPA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE petitioner has questioned the order dated 12.04.2012, communication dated 17.5.2012 and further the order dated 8.11.2002 vide Annexure -"A, B and D" respectively.

(2.) THE petitioner joined STC BSF as a sweeper(Safai Karmachari) on 7.3.1987.

(3.) ON 7.11.2002 the petitioner submitted application for voluntary retirement vide Annexure -E. In the said application, the subject has been indicated as "regarding voluntary retirement application" and it is also stated that he intends to resign from service on the ground of domestic problem faced by him and that the said application has been filed without any pressure from any one. Based on the aforesaid request of the petitioner the respondent -Deputy Commandant (ADM) for DIG and Commandant, STC BSF Bangalore, passed an order on 8.11.2002, vide Annexure -D to the petition. While accepting the resignation of the petitioner it was stated that it would be accepted with effect from 9.11.2002. It seems the petitioner has been relieved from 9.11.2002. Thereafter the petitioner stated to have approached the respondents for withdrawal of the voluntary retirement/resignation application. However, the same was not entertained by the respondents. In this background, the petitioner requested for withdrawal of the resignation and to reinstate him or for pensionary benefits. The petitioner's request/representation dated 22.12.2011 has been rejected on 17.5.2012 vide Annexure -"B" and so also communication dated 12.4.2012 vide Annexure -"A". The counsel for the petitioner issued a notice to the respondents to take back the petitioner to duty as the petitioner was not issued any discharge certificate nor any pay and allowances with regard to the gratuity or pay's has been granted. In this background, the petitioner has filed the above petition questioning the validity of Annexure -"A, B and D" respectively.