MANVENDRA SINGH RAWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) While serving as an Assistant Engineer (E & M) with the Field Workshop of the General Reserve Engineer Force (GREF) of the Border Security Force (BSF), the petitioner in the instant case sent a letter dated 17th August, 2010 to the Secretary of the Border Road Development Board (BRDB) submitting that he had decided to take voluntary retirement from service w.e.f. 1st December, 2010 (FN). The petitioner stated in this application that he was giving three months notice of voluntary retirement commencing from 1st September, 2010.

(2.) It is claimed that the petitioner withdrew this letter by a communication dated 23rd November, 2010. In the present writ petition, he is aggrieved by the refusal of the respondents to permit the withdrawal and their decision to proceed in the matter having accepted the resignation by an order passed on 15th November, 2010.

(3.) We have heard learned counsel for the parties and have also perused the available records. Before us, the petitioner has filed a copy of a letter dated 10th August, 2010 which he claims to have addressed to the Secretary, BRDB informing him that he had rendered thirty years qualifying service with the department and had decided to take voluntary retirement from service w.e.f. 1st December, 2010 (FN) "at my own due to my domestic compulsions". The petitioner also sought relaxation of the requirement of three months notice and acceptance of the retirement forthwith due to ill health. The petitioner pressed that the notice may be accepted at the earliest and he may be allowed to proceed on voluntary retirement.