JAGMAL SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) THE petitioner resigned from BSF on 10.5.1993 while serving as a Constable. The resignation was accepted in 1993. Domestic reasons were cited by the petitioner in submitting his letter of resignation. Thereafter, the petitioner made a prayer before the competent authority in the BSF for re -enlistment in the Border Security Force. That request was rejected on 28.9.1993. Learned counsel for the petitioner submits that thereafter, the petitioner has made numerous representations spanning 20 years for re -enlistment. Ultimately, the petitioner served a legal notice to the competent authority at Tripura. The commandant, 102 Bn BSF vide his letter dated 17.5.2013 has extended the courtesy to respond to the legal notice and informed the Counsel that the request for re -enlistment was rejected in the year 1993 for the reason that the petitioner had applied for resignation voluntarily. The history of the case of the petitioner has been attached with the letter. This letter can be viewed only as a reply by way of courtesy. It does not create a fresh cause of action as it decides nothing new nor creates any new rights or liability other than which were foreclosed on 9.5.1993.

(2.) LEARNED counsel for the petitioner submits that while accepting the resignation letter of the petitioner, there was no mention that the resignation was being accepted on acceptance of factum of domestic problems. Whether it was or it was not, will not make any material difference. Since the acceptance of the letter of resignation is affirmance of the reasons given in the letter of resignation, in which, it is not disputed that domestic problems were cited as reason for resignation. For this, rule 8A of the BSF Rules, 1968 have been cited in support. It is well settled that the repeated requests do not give a cause of action. See Constitution Bench decision in S.S. Rathore v. State of M.P., : AIR 1990 SC 10. Therefore, there is no merit in this petition which is dismissed.