BIR SINGH Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner was a head constable who tendered his resignation after putting 26 years of service at the age of 46 on 16th April, 2003, however, on the advice of Additional Commissioner of Police in place of resignation, the petitioner substituted the word 'resignation' with 'voluntary retirement' and consequently competent authority had issued order permitting voluntary retirement of the petitioner on 30th April, 2003.

(2.) The petitioner preferred an O.A against non consideration of his representation seeking withdrawal of his voluntary retirement which was disposed of by order dated 15th September, 2004 directing the Commissioner of Police to consider the representation of petitioner dated 22nd April, 2004.

(3.) On consideration of the representation of the petitioner powers were exercised under Rule 29 of Delhi Police (Appointment and Recruitment) Rules, 1980 and by order dated 24th March, 2005 the petitioner was ordered to be re- employed though the petitioner had drawn gratuity and had also got his pension commuted and was drawing pension as admissible to a retired employee. Though by order dated 24th March, 2005, the petitioner was re- employed, however, he challenged the order and sought reinstatement with all consequential benefits including seniority. The application of the petitioner was disposed of with a direction to the respondents that his matter may be re-examined and sent to concerned Ministry for approval to consider his request for withdrawal of his voluntary retirement and in case it is acceded to, the petitioner be accorded continuity of service.