COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) 1817/2002 Naik Keshar Singh …….Petitioner Versus Union of India through Secretary, Ministry of Home Affairs, New Delhi & Others …….Respondents Sri Manoj Tiwari, learned Counsel for the petitioner. Smt. Anjali Bhargava, learned Central Government Counsel for the respondents. 21st May, 2008 Hon’ble P.C. Verma, J. By means of this writ petition, the petitioner has prayed for a writ of certiorari for quashing the order dated 12.7.2002, Annexure 4 to the writ petition, whereby the claim of the petitioner for pension has been rejected. The petitioner has further prayed for a writ of mandamus directing the respondents to give him the pensionary benefits. 2. Petitioner was a Naik in Assam Rifles. After completion of 16 years and some months’ service, due his domestic reason, petitioner requested for his discharge from the service. Similar request was also made by the wife of the petitioner to the concerned authorities for the discharge of the petitioner. The request of the petitioner was accepted and accordingly, he was discharged. Now the petitioner claims the post retiral pensionary benefit, which has been denied to him vide the impugned order. 2 3. The challenge is only on the ground that some assurance was given to the petitioner that he would be paid the pension. But there is no evidence on the record regarding this. A perusal of the impugned order itself shows that the petitioner is not entitled to get any pensionary benefits under Rule 26 of the CCS (Pension) Rules. There is no challenge that Rule 26 of the CCS (Pension) Rules is not attracted in the present case. A distinction is sought to be drawn on the ground that the petitioner never tendered his resignation, rather he was discharged. Such a distinction, in the facts and circumstances of the case, is misconceived as the petitioner himself desired not to serve in the discipline and requested for his discharge and then he was discharged. This discharge would mean the acceptance of resignation. Request letter of the petitioner is contained in Annexure 1 to the counter affidavit, which is quoted as under: “1. With due respect and humble submission, I beg to lay down the following few lines for your kind consideration and favourable action please. 2. I was enrolled in the Assam Rifles on 09 Feb’74 and since then I am performing my duties with entire satisfaction of my superiors. I have completed 16 years 2 months and 06 days service on 17 Apr’90. Now due to some pressing domestic problems I am not in a position to continue my service. There is no male member to look after of my family as well as landed my properties are being ruined day by day. Hence, my presence at home is very essential. 3 3. In view of the facts stated above, I request your kind honour to consider my case and I may please be permitted to proceed on discharge from service at the earliest. I shall ever grateful for this act of kindness. 4. Thanking you in anticipation.” 4. For the reasons recorded above, I do not find any illegality or infirmity in the impugned order dated 12.7.2002, Annexure 4 to the writ petition. The writ petition is devoid of merit and is dismissed as such. No order as to costs. (P.C. Verma, J.) 21.5.2008 Prabodh