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1999 Supreme(Del) 82
High Court Of Delhi
P.C.MADAN - Appellant
Versus
UNION OF INDIA - Respondent
Civil 2708 of 1997
Decided On : 02/01/1999
C.M.KHANNA, RAKESH TIKKU, Y.D.NAGAR
The Central Government is the competent authority to consider requests for premature retirement from army personnel, and it must exercise its discretion reasonably and in accordance with well-known principles.
Headnote:
PREMATURE RETIREMENT - ARMY PERSONNEL - COMPETENT AUTHORITY - CENTRAL GOVERNMENT - DISCRETION - EXERCISE OF - PRINCIPLES - CASE OF PETITIONER TO BE CONSIDERED BY CENTRAL GOVERNMENT - INTERIM RELIEF GRANTED.
Fact of the Case:
The petitioner, an army officer, sought premature retirement on compassionate grounds due to his father's illness. His request was rejected by the Adjutant General, and he was transferred to a different location. The petitioner challenged the rejection of his request and the transfer order.
Finding of the Court:
The court held that the Central Government was the competent authority to consider the petitioner's request for premature retirement, as per the Defence Services Regulations and a letter issued by the Director General of Medical Services. The court also held that the exercise of discretion by the Central Government must be reasonable and in accordance with well-known principles.
Issues: 1. Whether the Central Government or the Adjutant General was the competent authority to consider the petitioner's request for premature retirement. 2. Whether the Central Government had exercised its discretion reasonably in rejecting the petitioner's request.
Ratio Decidendi: 1. The court interpreted Regulation 105 (f) of the Defence Services Regulations and the letter issued by the Director General of Medical Services to hold that the Central Government was the competent authority to consider the petitioner's request for premature retirement. 2. The court held that the Central Government had not exercised its discretion reasonably in rejecting the petitioner's request, as it had not taken into account the petitioner's compassionate grounds and the fact that he had been granted premature retirement in similar cases.
Final Decision: The court allowed the writ petition and directed the Central Government to consider the petitioner's request for premature retirement in accordance with well-known principles. The court also granted interim relief by directing that the petitioner should not be disturbed from his present position until his request was considered.
Certainly. Based on the provided legal document, here are the key points summarized:
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Competent Authority for Premature Retirement: The court clarified that the Central Government is the competent authority to consider requests for premature retirement from army personnel, as per the relevant regulations and official communications (!) (!) .
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Exercise of Discretion: The exercise of discretion by the Central Government must be reasonable and in accordance with well-known principles. The authority must consider all relevant factors, including compassionate grounds, before making a decision (!) (!) .
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Case Details: The petitioner, an army officer, sought premature retirement on compassionate grounds due to his father's illness. His requests were initially rejected by the Adjutant General, and he was transferred. The court found that the Central Government, not the Adjutant General, was the proper authority to decide on the request (!) (!) .
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Legal Interpretation of Regulations: The court interpreted relevant regulations and official communications, including a letter from the Director General of Medical Services, to establish that the Central Government has final authority over premature retirement applications (!) (!) .
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Guidelines for Application: The document outlines procedural requirements for submitting applications for premature retirement, including necessary supporting documents and the importance of complete and properly sanctioned applications (!) (!) .
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Compassionate Grounds: Requests on compassionate grounds must be supported by appropriate certificates from authorized officials, confirming the validity of the grounds (!) (!) .
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Direction to Consideration: The court directed the Central Government to consider the petitioner’s request in accordance with established principles, taking into account the compassionate grounds and the fact that similar cases had been granted premature retirement (!) (!) .
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Interim Relief: Until the Central Government's decision, the petitioner was to remain in his current position, and no disturbances to his service status were to be made (!) .
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Outcome: The writ petition was allowed, and the court directed the authorities to consider the petitioner’s case properly, emphasizing the importance of reasonable exercise of discretionary powers (!) (!) .
Please let me know if you need further analysis or specific legal advice related to this document.
( 1 ) THE point involved in the writ petition is a very short one. The petitioner sought pre-mature retirement and for the first time it was rejected. The second time he again applied explaining the circumstances under which he was forced to seek pre-mature retirement. That was also rejected by the Adjutant General and it was not sent to the Government. The petitioner was moved out to Guwahati and he has filed the writ petition seeking the following reliefs: Issue a writ of mandamus to respondent no. 1 to consider the application of the petitioner dated 09/01/1997 and 09/06/1997 seeking premature retir ement from service with sympathy and compassion in accordance with their own policy on the subject and pass a reasoned order thereupon within a period of 6 weeks. Issue a writ of mandamus to respondent no. 4 to consider the application of the petitioner dated 09/06/1997 seeking cancellation of posting to 151 Base Hospital c/o 99 APO with justness and compassion in accordance with Medical Board recommendations of 25 Mar 97 which restrain posting of petitioner to area of damp and moist climate anpass a reasoned order thereupon before the petitioner is required to move on posting. Issue an appropriate writ, order or direction to Respondent no. 4 and 5 restraining them from implementing movement order dated 25/06/1997 till decision is taken by respondent no. 4 on his application of requesting cancellation of posting to 151 Base Hospital at Gauhati.
( 2 ) THE point urged by the respondents is that the petitioner is correct in stating that the competent authority is the Government and as per Regulation 105 (f) of Defence Services Regulation as it stood in 1987 (Revised) the Adjutant General is the competent authority. The case of the petitioner is that the Director General of Medical Services had issued a letter to all concerned on 22/07/1994 and that had been completely ignored by the respondents.
( 3 ) THE question is whether the Central government is the competent authority or the Adjutant General. Para 105 (f) reads as under: 105 (a) xx xx xx xx (b) xx xx xx xx (c) xx xx xx xx (d) xx xx xx xx (e) xx xx xx xx (f) The applications for premature retirement/resignation will be examined by Army HQ and submitted for consideration and approval of the COAS who may reject an application which is not based on adequate and justificable reasons at his level without reference to the Government or recommend for acceptance by the Central Government. In case, the officer feels aggrieved by the decision of the COAS, he can, if he so chooses, file a statutory complaint addressed to the Central Government under the provisions of section 27 of the Army Act. The decision of the Central Government on application to retire premature/resign will be final.
( 4 ) BUT the letter issued by the Director General of the Medical Services issued on 22/07/1994 reads as under: Dte General of Medical Services (Army) Adjutant General s Branch/army Headquarters `l Block, New Delhi - 110 001. 22/07/1994 66797/prandr/94/dgms -1a Headquarters Southern Command (Med) Commandant, AMC Centre and School Lucknow Eastern Command (Med) Western Command (Med) DGBR Shillong Central Command (Med) Northern Command (Med) Army Trg. Command, Simla PREMATURE RETIREMENT/resignation FROM SERVICE: AMC OFFICERS In view of the frequent queries received by this HQ regarding the procedure and implications in connection with premature retirement/resignation, the details are given in the succeeding paragraphs. Paras 104 and 105 of DSR 1987 refer connection with retirement/resignation. Central Govt is the competent authority to accept requests for retirement/resignation and the decision of Central Govt is final. Conditional requests for premature retirement/resignation which are coupled with postings, re-consideration of punishment, expunction of adverse remarks in annual confidential reports and so on will not be entertained. The aggrieved officers may be advised to take up such
