SATYAVIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who is presently serving as an Assistant Commandant (AC) in the Central Reserve Police Force (CRPF), has approached this Court assailing the Order dtd. 24/5/2021, passed by the Deputy Inspector General (DIG), CRPF/respondent no. 2 and praying for a direction to the respondents to declare the petitioner as having resigned in accordance with the Order dtd. 21/3/2017 and for release of payment of the legitimate dues, including gratuity, provident fund etc.

(2.) The factual background is that the petitioner joined the CRPF as a direct appointee on 3/3/2003 through the Directly Appointed Sub Inspectors Course (DASO) and was subsequently promoted to the post of AC. The controversy in the present matter arose, when the petitioner applied for 40 days of Earned Leave on 30/1/2015, which was duly sanctioned by the respondents with effect from 2/2/2015 to 13/3/2015.

(3.) It is the claim of the petitioner that he suffered from back pain and informed the respondents about the same vide a letter dtd. 9/3/2015, thereby requesting an additional four weeks of leave as he was advised by the doctor to take complete rest. He also provided the respondents with a medical certificate. Thereafter, the petitioner wrote another letter on 31/3/2015, notifying the respondents of his inability to resume duties and requested for further four weeks"time to recuperate and rejoin his duty. The respondents, in reply to his requests dtd. 9/3/2015 and 31/3/2015, directed the petitioner to report to the nearest CRPF hospital for treatment. Subsequently, the petitioner sent another letter dtd. 27/4/2015, informing the respondents of his continued inability to join his duties due to the ongoing back pain.