R P YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition can be disposed of at this stage. The petitioner has contended that he was initially employed with the respondents as artificer apprentice in the year 1981. He completed 15 years of service in 1996. However, as per the practice of the respondents the petitioner gave his willingness to further serve with the respondents for a period of four years. The willingness was submitted by the petitioner on 4.4.1995. On the basis of the willingness, the petitioner was allowed to continue for a period of four years till 31st January, 2000. In the meanwhile, the Supreme Court in Anuj Kumar Dey Vs. Union of India (Civil Appeal No.1110/92) decided on 28.11.1996, held that the period spent as an apprentice by the employees working with the respondent shall be counted for pensionary benefits. Taking advantage of the Supreme Court decision, the petitioner on 17.7.1997 gave unwillingness certificate to the respondent contending that the prescribed period of re-engagement as per the rules was three years and he would like to be relieved from the service after the stipulated period of three years which expired on 31st January, 1999.

(2.) Ms.Jyoti Singh, learned counsel for the respondent has contended that the period of re-engagement on which the petitioner has relied is not applicable to the petitioner and in any event of the matter, the petitioner cannot wriggle out of his contractual obligation once he has agreed to be re-engaged for a period of four years.

(3.) It will be necessary to go through the relevant rules in this regard to sort out the controversy between the parties. Navy Regulation (STR) 17/94 paragraph 9 which deals with re-engagement is as follows :