GURDIP SINGH BATH Vs. UNION OF INDIA

JUDGEMENT

(1.) The prayer in the present writ petition is for quashing of the Order of termination dated 22.03.1995 (Annexure-P-2) and for issuance of direction to respondent to release the pension and other pensionary benefits to the petitioner.

(2.) Counsel for the petitioner contends that the petitioner was appointed with the Border Security Force and joined on 02.05.1961. In the year, 1992, while the petitioner was serving in SB-II Btn. BSF, his young son aged about 311/2 years died in a road accident on 30.12.1992. The petitioner applied for leave and was granted 15 days earned leave with effect from 01.01.1993 to 15.01.1993. At that time, the petitioner was serving as Assistant Commandant. He applied for extension of leave and was sanctioned 90 days leave upto 30.03.1993. The petitioner realised that on account of sudden and sad demise of the petitioner's son, the petitioner both mentally and physically felt adverse affect thereof and was, thus, not in a position to properly discharge his duty. Accordingly, he submitted three months notice for voluntary retirement to be effective from 01.05.1993 with a request that the same be accepted with effect from 31.07.1993, i.e., on expiry of three months. The petitioner did not receive any intimation regarding acceptance or decline of the same from respondent. The petitioner continued in service and submitted another three months voluntary retirement notice dated 17.07.1993 with a request that the same be accepted with effect from 31.10.1993. The petitioner was informed by respondent that no action on the notice for voluntary retirement could be taken because of non issuance of No Demand Certificate from the office of DD (A/Cs) PAD BSF, New Delhi. For the third time, the petitioner submitted request for voluntary retirement by giving three months notice with effect from 15.11.1993 to 15.02.1994.

(3.) Since no action was being taken by respondent on his request for voluntary retirement, the petitioner approached this Court by filing CWP No. 3931 of 1994, seeking direction to respondents to accept his voluntary retirement notice and for quashing of the inquiry proceedings initiated against him for his absence from duty. In the said writ petition, respondents filed written statement, wherein a stand was taken by respondents that the petitioner has been dismissed from service, vide Order dated 22.03.1995 (Annexure-P-2). The said writ petition was rendered infructuous in the light of the stand taken by respondents and accordingly, the Order dated 04.01.1996 was passed by this Court with liberty to the petitioner to challenge the said order of termination. An appeal was preferred by the petitioner on 22.09.1997 (Annexure-P-4). Since no action was taken thereon, a reminder dated 09.03.1998 was sent by the petitioner and thereafter, another reminder dated 30.06.1998. Since no action was taken by respondents on the said appeal, the petitioner was forced to file present writ petition, challenging the Order of termination dated 22.03.1995 (Annexure-P-2) and for release of retiral benefit.