WP(C) 4032/2009 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA. Heard Mr. P.K. Deka, learned counsel for the petitioner as well as Mr. P . Pathak, learned C.G.C. I have also heard Mr. R. Goswami, learned counsel repr esenting the Respondent No.6. By means of this writ petition, the petitioner has prayed for a directio n to the Respondent No.2 to pay him the admissible compensation, disability pe nsion and other dues including the benefits under Sima Prahari Bima Yojana (SPBY ). The petitioner is the Head Constable serving under the respondents since 1985. In the year 1991 (on 14.6.1991), while the petitioner was carrying out fi ring as ordered by his superior officer as a retaliating fire of enemy side i.e. Pakistan, the petitioner sustained multiple splinter injuries on his body. The reafter, he was medially treated. It appears that a suggestion was made for boa rding out of the petitioner from service on medical ground with disability pensi on. However, since the petitioner wanted to remain in service, his request was a cceded to and he was allowed to continue in service for one more year. Thereafte r, a proposal was made for voluntary retirement of the petitioner. Be that as i t may, the fact of the matter is that the petitioner was not medically boarded o ut nor he has been allowed to go on voluntary retirement. In the rejoinder affidavit filed by the petitioner, it has been brought on record that by Annexure-A communication dated 10.10.2009, the request of the petitioner to remain in service for one more year was acceded to. By the said c ommunication, it was also indicated that his application for voluntary retiremen t from service w.e.f. 31.3.2010 was also under process. Annexure-B order dated 27.10.2009, the notice for voluntary retirement served by the petitioner was acc epted by the competent authority w.e.f. 31st March, 2010 after completion of 25 years 2 months and 21 days service. By the said order, it was also intimated th at the petitioner would go on voluntary retirement w.e.f. 31.3.2010 and would be struck of strength of the particular unit from the said date and that he will b e entitled to draw pension and other benefits as admissible. It is the grievance of the petitioner that in spite of the orders and commu nication, he has not been released from service and entitled to avail voluntary retirement from service w.e.f. 31.3.2010. In the counter affidavit filed by the respondents on 25.2.2010, the afor esaid facts have been admitted. It has been stated that the petitioner suffered from permanent disability (with 75%), but he requested seeking retention in ser vice in the B.S.F. on humanitarian ground. It has also been admitted that the ca se for boarding out of the petitioner on medical ground was also considered. The counter affidavit also admits the serving with voluntary notice by the petition er and approval for such retirement. As regards the entitlement of the petitio ner to insurance claim, it has been stated that the case of the petitioner is be ing sent to the Insurance Company by the B.S.F. authority. In view of the above, it is not discernible as the why the petitioner ha s not been allowed to go on voluntary retirement and/or released from service w. e.f. 31.3.2010 although to that effect, the competent authority passed the afore mentioned order dated 7.7.2009. Mr. R. Goswami, learned counsel appearing for the Respondent No.6 submit s that as regards the claim of the petitioner for insurance amount, the same w ill have to be examined in accordance with law. In view of the above, the writ petition is disposed of directing the res pondents to pass appropriate order towards release of the petitioner from servic e and then, to pay the admissible service benefits in accordance with law. Let appropriate order be passed as expeditiously as possible, but at any rate, not later than 30th June, 2011. As regards the claim of the petitioner f or insurance amount, the Respondent No.6 shall do the needful in this regard in accordance with law.