WP(C) 2002/2009 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA Heard Mr. A.K. Goswami, learned Sr. counsel assisted by Mr. A. Rashid, learned c ounsel for the petitioners as well as Mr. H. Rahman, learned Addl. Solicitor Gen eral of India appearing on behalf of the respondents. The petitioner while was as serving Subedar Major in the Assam Regiment of Indian Army was placed under on low medical category (P2) and he was consider ed to be permanent low medical category personnel. Consequent upon such medical categorization, the authority decided to discharge the petitioner and other low medical category personnel. The petitioner was informed about his discharge fro m service w.e.f. 31.05.08 vide letter dated 09.08.07. After discharge from service, the petitioner received his dues. Thereaft er the petitioner received a notice dated 07.01.09 from the Army Officials info rming him to rejoin the service with all consequential benefits within 30 days f rom the date of receipt of the letter. However, certain conditions towards rejoi ning in service were also indicated in the notice. As per the said conditions, t he petitioner was required to deposit the amounts of Rs. 6,63,980/- and Rs. 1,78 ,320/- before expiry of the time limit indicated in the notice. After the aforesaid notice, the petitioner had the occasion to approach this Court by filing W.P.(C) No. 397/09 as he could not rejoin his service on th e specified date which according to him was due to pendency of the litigation. C onsidering the facts and circumstances leading to filing of the writ petition, s ame was disposed of by this Court vide order dated 27.03.09 directing the respo ndents to consider the prayer of the petitioner to rejoin his service, subject h owever, to fulfillment of other requirements. After the aforesaid order, yet another order was passed on 28.04.09 in Misc. case No. 969/2009 granting extension of time limit fixed in the earlier o rder. Extension was prayed for three weeks from 28.04.09. In terms of the said o rder, the petitioner was to rejoin duties on or before 18.05.09. However, in vie w of Annexure-10 (A) letter dated 07.05.09 indicating the amount payable by the petitioner towards rejoining the duties, a dispute has arisen so far as the calc ulation of the amount is concerned. In the letter the amount of Rs. 5,45,332/- h as been indicated as the amount refundable by the petitioner in the head Commut ation Value of Service Pension . So far as other amounts indicated in the lette r are concerned there is no dispute whatsoever. According to the petitioner the aforesaid amount of Rs. 5,45,332/- is no t refundable by the petitioner inasmuch as he has not received the same. In this connection, he has annexed the certificate of the Bank dated 16.05.09. As per t he said certificate, the petitioner, holder of PPO No. 3/030940/2008(ARMY) has n ot received the aforesaid amount. According to the respondents, the aforesaid am ount was forwarded to the Bank vide Annexure-8 letter dated 23.03.09. However, a s per the said certificate, the amount has not been credited to the bank account of the petitioner. It is in the aforesaid circumstances, it is the case of the petitioner t hat if he is required to refund the aforesaid amount of Rs. 5,45,332/-, same wil l be in excess of the amount drawn by him. As already stated, the petitioner doe s not dispute to pay the other amounts indicated in the impugned letter. In view of the above, the writ petition is disposed of providing that th e petitioner shall report for duty, subject however, to condition that he will p ay the amounts indicated in Annexure-10 (A) letter dated 07.05.09 except the afo resaid amount of Rs. 5,45,332/-. However, it is made clear that if in the meanti me he receives the aforesaid amount in any form or the same is credited to his Bank account, he shall immediately refund the same. Further if the amount is c redited to the Bank account of the petitioner and/or the petitioner receives th e same in any form after his rejoining, he shall refund the same to the responde nts immediately. If the petitioner does not refund the said amount of Rs. 5,45, 332/- in spite of receipt of the same, the respondents will be at liberty to can cel the joining of the petitioner. Needless to say that the authority will giv e reasonable time to the petitioner for refund in the event the aforesaid amou nt is credited to his Bank account or he receives the same in any form after re joining duty. With the above directions, the writ petition is disposed of.