IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15622 of 2007 RATI RANJAN,S/O SRI JITWAN SHARMA, R/O VILLAGE JAMALPUR, P.O. NADAUL, P.S. MASAURHI, DISTRICT PATNA. ...........PETITIONER. Versus 1.THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI. 2.THE COMMANDING OFFICER, 9TH BIHAR UNIT, BIHAR REGIMENTAL CENTRE, DEHRADUN, C/O 56 APO. 3.THE COMPANY COMMANDER, S.P. COY, BIHAR REGIMENTAL CENTRE, 9TH BIHAR UNIT, BIHAR REGIMENTAL CENTRE, DEHRADUN, C/O 56 APO. ............RESPONDENTS. ----------- 03/ 04.05.2011 No one appears for the petitioner. The prayer of the petitioner in this writ application reads as follows:- "That the present writ application is being directed for issuance of writ in the nature of mandamus or any other appropriate writ/writ commanding the respondents to grant voluntary retirement to the petitioner and pay his entire legal dues with interest at the market rate, which has been withheld by the respondents in spite of several representations made before them." Counsel for the state is present and with reference to the aforementioned relief would submit that the petitioner was declared a deserter w.e.f. 09.09.2002 and as such his prayer for allowing voluntary retirement is wholly misconceived. 2 From the pleadings on record, it would be clear that the petitioner had suppressed this fact of his being a deserter in this writ application. It was done by him despite the fact that he had already been given final balance payment of admissible amount on 9.9.2004 by a cheque in the name of his wife as has been clearly asserted in paragraph no.6 of the counter affidavit,which reads as follows:- 'As the petitioner has deserted from field area, his due date of dismissal will be 09 Sep 2012 i.e. after ten years from date of desertion as per para 22 of Army Order 43/2001/DV. Consequent to his desertion petitioner's account was finalized with credit bal of Rs. 4,288/- (Rupees four thousand two hundred and eighty eight only) and AFPP Fund balance of Rs. 12171/-(Rupees twelve thousand one hundred and seventy one only). The amount of credit balance (Rs. 4,288/-) has already been paid to his NOK Smt. Rinku Sharma wife of petitioner vide SBI Danapur Cheque bearing machine No. 0917009634 dated 09 Sep 2004 forwarded vide Records The Bihar Regiment letter No. 1641/3/3/NE dated 16 Sep 2004. AFPP fund and Army Group Insurance claim of petitioner will be processed after his dismissal from service, incase he failed to rejoin before 09 Sep 2012.' Despite service of copy of the aforementioned counter affidavit on counsel for the petitioner on 27.06.2008, there is no rejoinder to the same and consequently it has to be held that whatever facts has been 3 asserted by the respondents in their counter affidavit are uncontroverted and correct. In the considered opinion of this Court once the petitioner had already been declared as deserted, he would not be eligible now for seeking voluntary retirement as per the provisions of the Army Act and Army Rules. This writ application was in fact filed by suppressing the material facts with regard to the petitioner being already declared as deserter and is fit to be dismissed on that ground alone. In that view of the matter, this writ application is wholly misconceived and is accordingly dismissed. (Mihir Kumar Jha, J) Ranjan