Vijender Jam, J. (Oral)

( 1 ) THIS writ petition raises the question of applicability of the ratio laid down by the Supreme Court in Balram Gupta Vs. Union of India and Another AIR 1987 SC 2354 to the case of the petitioner. The petitioner submitted an application for pre-mature retirement on compassionate grounds on 1. 4. 1992. The case of the petitioner is that he was conveyed approval of his request for pre-mature retirement on 21. 3. 1993 whereas the case of the respondent is that the petitioner came to know of the order accepting his application for retirement prior to 22. 3. 1993 when the petitioner wrote to the respondent withdrawing his earlier letter dated 1. 4. 1992 seeking pre-mature retirement. The case of the petitioner is that he came to know about his retirement from 2. 5. 1993 only on 21. 3. 1993 and on 22. 3. 1993 he made an application for recalling the earlier application for pre-mature retirement.

( 2 ) LERIGTHY arguments have been addressed by the respective counsel appearing for both the parties. Mr. Maninder Singh, learned counsel appearing for the respondents, has contended that in terms of Article 33 of the Constitution, the rights conferred under Chapter II

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