SURESH CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) . In this writ petition the petitioner has challenged the legality of the order dated 21/8/1999 issued by the respondents accepting the resignation of the petitioner from service w.e.f. 21/8/1999 at his own request and without pensionary benefits. The petitioner seeks for quashing and setting aside of the said order with a further direction to the respondents to reinstate the petitioner in service from 21/8/1999 with all consequential benefits and/or alternatively to grant pro rata pension and other retiral benefits to the petitioner.

(2.) . The petitioner was working as a Constable Driver in Border Security Force having been enrolled as such on 18/10/1987. However, somewhere in July/August, 1998 the petitioner was ordered to perform general duty as a constable. It is alleged in the petition that on 17/8/1999 the petitioner submitted an application contending inter alia that he might be permitted to work in M.T. as Driver failing which he might be discharged from service as because he was enrolled as a Driver and he was unable to perform general duties as a Constable. It is further alleged that by the aforesaid letter dated 21/8/1999 the respondents accepted the application of the petitioner treating the same as a resignation letter, and therefore, the present petition is filed in this court.

(3.) . It was contended by the counsel appearing for the petitioner that the aforesaid application filed by the petitioner was a conditional letter seeking for his discharge in case he was not allowed to perform the duties of a Constable Driver and therefore, the same could not have been treated as a resignation letter. It was also submitted that the impugned order was passed by an Officer subordinate to the appointing authority who could not have accepted the said letter treating it as a resignation letter. It was further submitted that at any rate and even on the basis of the impugned letter the petitioner was entitled to payment of pro rata pension under rule 13 of CCS (Pension) Rules, 1972 read with rule 49(2)(b) of the said Rules which are applicable to the members of Border Security Force under rule 182 of the Border Security Force Rules, 1969.