S I /G D TALIB HUSSAIN Vs. UOI

JUDGEMENT

(1.) HAVING rendered 29 years' service, the petitioner pleads that he was wrongfully denied leave when his wife was seriously ill, and wrongfully considering petitioner's application seeking leave which was submitted on May 10, 2010, as a request for being voluntarily retired, the petitioner was made to voluntary retire and his protests before the superior officers were not considered.

(2.) LEARNED counsel for the petitioner urges that the post haste with which petitioner's request for being voluntarily retired was accepted, would show that the same was extracted under compulsion.

(3.) FROM the fact that the petitioner was overstaying leave in the past, it is apparent that he was having some domestic issues. The Commandant considered the request favourably and since no leave could be sanctioned, called the petitioner to his office the next day i.e. on May 26, 2010, on which date the petitioner, under his signatures, gave in writing that he was explained the likely hardship which he would face on seeking voluntary retirement (and that obviously would be a drop in earnings) and that he still seeks to be voluntarily retired due to domestic problems. The very same day i.e. May 26, 2010 the order accepting petitioner's request to be voluntarily retired was accepted and an order passed and handed over to the petitioner the same day. Everything was done quickly to help the petitioner reach home, as he was anxious to rush back home. The very same day the petitioner completed the necessary formalities i.e. surrendered his dress and other items which were issued to him and obtained a No Objection to leave the Unit lines from the quarter master. Thereafter, he obtained a No Dues Certificate on May 27, 2010 and left for his house.