Manmohan Sarin, J.

( 1 ) PETITIONER by this writ petition filed in September, 2004 seeks quashing and setting aside of the orders dated 12th March, 1998, llth march, 2003 and 27th August, 2003.

( 2 ) BY order dated 12th March, 1998, petitioner s representation dated 12th November, 1997 was rejected. Petitioner claimed promotion to the post of Assistant Director from the date his junior, prior to his reversion, was promoted. Subsequent applications and petitions were rejected by the competent Authority vide orders dated 12th March, 2003. The last one being the communication dated 27th August, 2003, by which petitioner was informed that his request for reconsideration of restoration of his seniority in the grade of Section Officer and promotions thereafter, had been re-examined and could not be acceded to.

( 3 ) THE facts giving rise to the present writ petition may be briefly noted.

(I) Petitioner had been employed with respondents as U. D. C w. e. f. 6th November, 1973. He was promoted as Section Officer in the pay scale of Rs. 650-1200 and transferred to the Project Office, hyderabad on 16th October, 1986. Petitioner sought his re-transfer to Delhi on account of his mother s illness who had suffered a cardiac arrest. Additionally, petitioner s wife was employed with a Government of India Undertaking in New Delhi and he was the only male member to look after the family. He stated that separation from his daughter was also unbearable and requested for transfer to the corporate office or being posted at Jaipur, where a vacancy had arisen.

(II) The respondents considered the request for re-transfer to Delhi sympathetically but did not accede to the same, due to non-availability of a vacant post of A. D. (G)/s. O at the Corporate office. Petitioner made number of requests in writing for re-transfer to Delhi. Petitioner developed a skin disease namely psories which virtually crippled his movement in Hyderabad. Petitioner was advised to take treatment at Safdarjung Hospital, new Delhi. He sought transfer on account of his illness.

(III) As per record, petitioner took frequent trips to Delhi and remained on leave without pay for seven months w. e. f 25. 8. 1988 to 10. 4. 1989. Petitioner claimed that on account of his health and other problems, it was not safe for him to live alone at hyderabad. He attached medical prescriptions and recommendations to that effect. Vide letter dated 19th december, 1989, he notified that based on medical findings, it was not safe for him to live at Hyderabad in view of his deteriorating health and family problems. He requested that if it was not possible to transfer him to the same post, he may be transferred to the original post i. e to the post of Senior Assistant. He further gave an undertaking that he would not claim promotion as a Section Officer. Petitioner, thereafter along with the said request submitted a medical certificate recording that "he (petitioner) was suffering from Endogenon Depression with suicidal tendencies. I strongly recommend that Mr. Malhotra should not stay alone without his family. " This was followed by another letter which is reproduced for facility of reference:-

"in continuation of my request dated llth March, 1990, I submit herewith an undertaking on Rs. Ten Non Judicial stamp paper. Kindly take humanitarian consideration in my case as my family is starving since I am without pay for last more than one year due to my illness. "

(IV) The undertaking given was to the following effect:- (i) "that I am presently working as Section Officer at p. O. Hyderabad. (ii) that I have requested the Corporation of my own volition for reversion to the post of Senior Assistant and posting to Corporate office. (iii) that in the event of my request being acceded to, I hereby undertake that I will not represent or take any action legal or otherwise for restoration of my position. (iv) that I have opted for reversion in my full senses and not under duress or any kind of pressure. (v) that I h

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