Kirpal, J. - (1.) In this appeal, from the judgment of the Guwahati High Court, the question of law requiring consideration is whether an army officer, who has earned pensionary and other retirement benefits, must forfeit the same on his resigning the job from the Army.
(2.) The respondent joined in Army Dental Corps sometimes in the year 1960. He was given grading in Army in 1962. Thereafter he served in different capacities and was classified as a specialist and had been promoted to the rank of Lt. Colonel. On 2-1-1984 the respondent wrote a letter requesting for permission to resign from the service w.e.f. 30-4-1984 or from an early date. The said letter contained the reasons why he wanted to resign. The said resignation was accepted by communication dated 24-7-1984 in which it was stated that the respondent shall stand relieved of all army duties as early as possible but not later than 24-8-1984. In this letter, it was also mentioned that consequent upon his resignation the respondent shall not be entitled to gratuity, pension, leave pending resignation and travel concession.
(3.) On the receipt of the aforesaid letter, the respondent wrote a letter dated 18-8-1984 stating that he was not interested in leaving the service. This was followed by an another letter dated 22-8-1984 wherein the respondent prayed for cancellation of permission to resign. It was also stated therein that if it was not possible to cancel such permission, then his application may be treated as being one for release/pre-mature retirement. These letters were presumably written because the respondent realised that he was being deprived of pension, gratuity etc. as a consequence of his resignation. The respondents letters dated 18-8-1984 and 22-8-1984 were not accepted and the respondent was "struck off" the strength on 24-8-1984.;