SHAJI JOSEPH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner Lt Col Shaji Joseph joined the Department of Posts as a Short Duty Postal Assistant in August 1985. He was transferred on deputation to the Army Postal Service 'APS' as Field Servant Volunteer in the rank of Warrant Officer on 28/12/1988, to serve in a combatant capacity. Consequent to his passing the JCO cadre course, he was promoted as Junior Commissioned Officer in the APS on 19/4/1996. He obtained temporary commission as Lieutenant in the APS on 1/5/1997. He was successively promoted, thereafter, as Captain, Major and, finally, as Lieutenant Colonel w.e.f. 1/5/2010.

(2.) On 21/4/2017, the petitioner applied to the Superintendent of Post Offices, Idukki Division, under Rule 48A(1)[ 48-A Retirement on completion of 20 years' qualifying service ' (1) At any time after a Government servant has completed twenty years' qualifying service, he may, by giving notice of not less than three months in writing to the Appointing Authority, retire from service.] of the Central Civil Services (Pension) Rules 1972 'CCS (Pension) Rules', for voluntary retirement from service. The application read thus:

(3.) It is not in dispute that the CCS (Pension) Rules were applicable to the petitioner by virtue of Clause 6(a) in Annexure-A to Army Instructions 29/85 which set out the revised terms and conditions of service for temporary commission in the APS, and read thus: