JUDGMENT

Raju, J.-The respondent was commissioned in the Indian Air Force on 21.1.1963 as an officer in the Accounts Branch and in due course he successively rose to the rank of Wing Commander by virtue of promotions earned by him, on 17.1.1989. Having regard to certain problems in the family due to continued illness of his wife and need to face other commitments and responsibilities he was constrained to seek for pre-mature retirement. He submitted an application dated 21.7.1985 praying for pre-mature retirement from service with effect from 31.8.1986 with 6 months leave preparatory to retirement said to be due to him with the admissible full non-effective benefits. It is a fact that as expected of him he also furnished a certificate stating that he was aware that any request made by him later for the cancellation of his application for pre-mature retirement would not be accepted.

2. When the matter was under process before the concerned Authorities, on 6.11.85 the respondent seem to have moved an amendment to his earlier application stating that the actual date of his release could be decided taking into account the pensionary recommendations/requirements of the IVth Pay Commiss