NAIB RISALDAR LM PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petition challenges the decision dated July 20, 2012 passed by the Armed Forces Tribunal dismissing OA No.194/2012 in which the challenge by the writ petitioner was to the decision taken by the Army authorities to not permit petitioner to withdraw his unwillingness to serve for two more years and as a consequence the writ petitioner prays that he be granted extension in service by two years upto October 30, 2014.

(2.) THE undisputed position is that the petitioner was enrolled in the Remount and Veterinary Corps of the Indian Army on October 18, 1986 and was promoted as a Naib Risaldar on January 1, 2011. He would have completed 26 years service by October 18, 2012 and would be liable to be superannuated on October 30, 2012.

(3.) THE petitioner claims that he submitted his willingness certificate on January 1, 2011, i.e. well in time but pleads that there being a death in his family which disturbed him, he submitted an unwillingness to serve for another two years on February 26, 2011, but when he told said fact to his wife she advised him to serve for another two years and that on March 4, 2011 he withdrew his unwillingness indicated and reaffirmed his earlier willingness to serve.