H/C DILBAG SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Present writ petition has been filed challenging the order dtd. 6/10/2021 vide which the Petitioner was denied voluntary retirement by the competent authority on the ground that he is under order of posting to 49 Bn BSF. The competent authority also directed that the Petitioner may submit his notice of voluntary retirement at his new place of posting if he intends to proceed on voluntary retirement from service.

(2.) Learned Counsel for the Petitioner states that the Petitioner, a Head Constable with the BSF, submitted his voluntary retirement notice to the Commandant 25 Bn, BSF under Rule 48 (a) GID (i) of the CCS Pension Rules, 1972 and the same was accepted by the competent authority under Rule 5 read with Rule 30 of the BSF Rules, 1969 vide order dtd. 5/10/2020. He states that as per this order the Petitioner was supposed to be struck off from the rolls from 1/1/2021. He states that this order was cancelled vide order dtd. 21/12/2020 upon the request of the Petitioner as he had sustained an injury on his left shoulder.

(3.) He further states that the Petitioner sought to apply for voluntary retirement again and to extend his date of discharge to 31/10/2021. He contends that competent authority vide the impugned order refused to grant voluntary retirement under Sub-rule 4 of Rule 48 A of the CCS Pension Rules and the Petitioner has been asked to submit his application to his new unit, which is completely arbitrary.