B S BOPAIAH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE question that is involved in this writ petition is as to whether before the date on which the voluntary retirement comes into effect, extension of the said date can be sought for.

(2.) BRIEF facts are the petitioner, while working in the 3rd respondent-Border Security Force and after having put in more than 38 years of service, requested the 3rd respondent to permit him to take voluntary retirement with effect from 31.12.2005 for the reasons mentioned in his application dated 17.09.2005. Among other things, the petitioner had mentioned in his application that on account of his wife's ill health and as his wife had to undergo various operations due to the fact that she was suffering from cancer of the ovary, the petitioner was constrained to seek voluntary retirement from the afore-mentioned date, that is 31.12.2005. The request of the petitioner was accepted by the 3rd respondent on 2.12.2005. There after wards, the petitioner made another request to the 3rd respondent to permit him to take voluntary retirement with effect from 31.03.2006 instead of 31.12.2005. The 3rd respondent issued an endorsement to the petitioner as per Annex- ure-"A" dated 31.12.2005 to the effect that there is no provision to extend the date of voluntary retirement since the notice has been accepted. It is this endorsement that has given rise to this writ petition.

(3.) HAVING thus considered the submissions put forward and after going through the relevant rules and material in this connection, the point for consideration is whether the respondent-authorities were justified in rejecting the prayer of the petitioner for extension of his date of voluntary retirement from 31.12.2005 to 31.03.2006.