INDRA GYAN SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri V. P. Shukla, counsel for petitioner and Sri Gopal Chandra Saxena, Additional Standing Counsel for respondents.

(2.) Petitioner was appointed as Constable in Border Security Force on 25.6.1986. After completing training he was posted at various places. On 4.9.1993 he was transferred and posted at Headquarter Turra, district West Garo Hill, Meghalay. Due to change of climate, he fell ill and suffered attack of Bronchial Asthama and was under continuous treatment at Christian Mission Hospital, Turra. The Doctors recommended that he should be transferred to suitable climate. He was required to appear before medical board which submitted its report dated 9.4.1995 recommending that petitioner should not be posted at high altitude cold climatic areas. Instead of transferring petitioner to suitable climate condition he was posted at Srinagar, Jammu and Kashmir which aggravated his health condition. Repeated reminders and personal meetings with Commandant of the Battalion did not result into any positive action. Instead of considering petitioner's grievances, he advised him to resign from service and assured that petitioner will be given pensionary benefits. In this condition petitioner submitted his resignation on 21.8.1996, On the same day he met the Acting Commandant, 38 Battalion Border Security Force. The resignation was accepted on 9.9.1996 with direction that petitioner shall be allowed to draw pension and petitioner's pensionary benefits as are applicable to the personnel of Border Security Force. The letter dated 7.9.1996 accepting his resignation and verifying the assurance that he will draw all pensionary benefits as are applicable to personnel of Border Security Force without any reduction as quoted below : <FRM>br.657_tlall0_2003.htm</FRM>

(3.) Instead of receiving pensionary benefits, petitioner received a letter dated 7.6.1999 from the Commandant of the Battalion informing him that since he had not completed twenty years of service he was not entitled to any pensionary benefit. He was given an option to resume service, provided he deposits the entire amounts received by him at the time of resignation. Petitioner filed a Writ Petition No. 51604 of 1999 for receiving pensionary benefits which is still pending. It is contended in paragraph 11 in the writ petition that in pursuance of order dated 7.6.1996 petitioner visited the office of Commandant, 38 Battalion B.S.F. on 12.11.1998 along with application for waiving the condition of depositing the amounts received at the time of resignation. His request was declined. Petitioner again received letter dated 5.8.1999 from respondent No. 3 stating that petitioner visited the office on 12.11.1998 and left the camps on 13.11.1998 without any information to the office. He was again required to resume service and to deposit the amounts. Petitioner again filed application requesting that since he was ailing for a long period, the amount received by him has been spent and requested to relax the condition. Thereafter repeated applications were filed and lastly on 25.5.2002 to reinstate him in service or to pay the pensionary benefit without any result. This writ petition has now been filed with a prayer for a direction commanding the respondents to reinstate the petitioner in service in pursuant to the orders dated 7.6.1999 and 5.8.1999 relaxing the condition of depositing of amount received at the time of discharge from the service.