ASH KARAN GEEL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein, inter alia, seeks quashing of an order dtd. 13/2/2012, vide which the benefits of past service was not considered in terms of Rule 26(6) of CCS (Pension) Rules, 1972 as this was the case of re-enlistment and not of allowing withdrawal of resignation. He also seeks directions to the respondents to count his past service for all purposes as per Rule 26 of the Rules with all consequential benefits i.e. seniority, pay fixation, promotion etc.

(2.) Relevant facts for the purpose of adjudication are that the petitioner was initially appointed to the post of Constable in BSF on dtd. 1/4/1987. In the year 1991, while serving at 183 Battalion of BSF, he was faced with peculiar physical problem/mental depression and submitted his resignation from service. The same was accepted immediately by his Commandant vide letter dtd. 31/1/1991.

(3.) Stand taken by the respondents in the reply is that as far as health problem of the petitioner is concerned, no such material is available in service record of the petitioner before proceeding on resignation. The petitioner did not submit any request with regard to withdrawal of his resignation to the Commandant 183 Bn BSF. However, after a gap of nearby four months, the petitioner approached DG BSF for his re-enlistment on compassionate ground.