PREM SHANKER ASOPA,J. - (1.) BY the instant writ petition the petitioner seeks to challenge premature retirement order dated 19.5.1998 (Anx. 3) and order dated 21.5.1998 (Anx.4) whereby the petitioner was permitted to proceed on premature retirement by 15.6.1998 and order releasing retirement dues on clearance of the documents/particulars was also passed. The petitioner has further prayed that the order of premature voluntary retirement dated 19.5.1998 be treated as cancelled and the respondents be directed to treat the petitioner in service till the date of his retirement i.e. 31.5.2000.
(2.) THE facts, in brief, of the case, as per the petitioner are that after promotion to the rank of Colonel in AMC he was seconded to IAF in the rank of Group Captain and while working, as Group Captain the petitioner submitted an application in the prescribed proforma on 26.8.1997 for premature retirement from service to the Air Force Authorities, to be made effective from 1.4.1998 on the ground of supersession. The said application was referred to the Headquarter, Maintenance Commander, IAF (PMO) Nagpur by the hospital authorities on 27.8.1997 and on 19.5.1998 (Anx. 3), the Raksha Mantralaya, Sashatra Sena Chikitsa Sewa, New Delhi sent a letter to the Director General, Medical Services (AIR) informing that the petitioner is permitted to proceed on premature retirement by 15.6.1998. Subsequently, the petitioner filed an application on 28.5.1998 (Anx. 5) requesting that the order of premature retirement dated 21.5.1998 be cancelled on the ground that his superannuation order was issued on 4.3.1998 and his retirement papers in pursuance thereof has been prepared and he may be permitted to superannuate w.e.f. 31.8.1998 which will make the difference of 2 -1/2 months. Then again, withdrawal application for permission to serve as per new policy was filed on 9.6.1998 (Anx. 7). The policy detailed out in writ petition is not allowing retirement for two years i.e. 31.5.2000. It is stated in the writ petition that both applications for cancellation of the premature retirement order were filed on 28.5.1998 and 9.6.1998 before the effective date of retirement i.e. 15.6.1998. Therefore, the latter one was liable to be accepted but the respondents have arbitrarily not passed any final order on the said application. Then the petitioner gave notice for demand of justice but of no avail. The respondents in their reply have stated that with regard to the cause of action that arose in 1998, the writ petition has been filed in the year 2000 and therefore, the writ petition suffers from delay. On merits, it has been stated that the application dated 26.8.1997 has been accepted vide order dated 19.5.1998 effective from 15.6.1998. Subsequently, another order dated 21.5.1998 was passed for release of the pensionary benefits on clearance of the documents and particulars. Thereafter, no relationship of master and servant remains and therefore, the petitioner has no locus standi to withdraw the said application.
(3.) SUBMISSION of the counsel for the petitioner is that as per Rule 16 of the Army Rules, 1954 and Para 105 (e) and (h) of the Regulations of Army (Revised Edition 1957) the application is required to be submitted for premature retirement only after weighing the pros and cons of premature retirement and further in case an employee is forced to seek withdrawal of the application due to unforeseen reasons, then he can apply to the Central Government. Here, in the instant case, the petitioner has submitted that although his natural superannuation date at the time of submission of the premature retirement application was 31.5.1998 but the restriction was imposed on retirement and resignation for two years and therefore, superannuation period was extended up to 31.5.2000 which is an unforeseen circumstance and the petitioner could not have visualized it on 26.8.1997 i.e. the date of submission of application for premature retirement. Otherwise also, premature retirement was sought on account of supersession but subsequently the petitioner reconciled with the position and submitted the said application for withdrawal of the premature retirement application therefore, in accordance with the said Regulations, the petitioner is entitled to withdrawal of the premature retirement application.;