( 1 ) THE petitioner having graduated in Medical Science in the year 1982 from the King George Medical College, Lucknow, was lucky enough having got an employment in Army. He was given a short service commission. All was going well as he was promoted as Major on 4. 6. 88. The young doctor while seeking entry in the Army Commission and having happily, hopefully and successfully served the army for about 10 years could not have anticipated a change in his family circumstances which would persuade rather compel him in resigning from the army.

( 2 ) ON 22. 3. 93 he filled-up the prescribed proforma and submitted it as his application for resignation (Annexure P-1 ). Vide Section II of the application the petitioner has stated the following grounds in support of his application for resignation.

" (B) My father expired well before I joined Army. My mother alongwith my two sisters were living in my home town Barant of Distt- Meerut (UP) in a joint family consisting of uncle, aunt and their children. Later, both my sisters got married and moved with their husband. My mother was left alone and was being looked after well by the rest of the family members. She never stayed with me for more than four months during the past ten years of my Army service. She also does not want to part with the ancestral home.

(C) Recently due to some domestic problems, the family decided to adopt nuclear family sysktem which left my mother alone altogether since nobody shared to take her responsibility. My mother who is 62 years old, is suffering from severe hypertension along with usual geriatric problems and undergoing treatment by some civil medical practitioner. She is unwilling to live with my family at the place of my duty and is insisting me to leave the Army so that I can also settle down in my home town and look after her as well. Being the only son, the responsibilityo look after her solely lies with me.

(D) Due to this sudden destabilisation in my family, I no longer feel mentally and physically fit to continue in service. Hence, I am constrained to render my request for premature retirement/resignation on extreme compassionate grounds, voluntarily and unconditionally. "

( 3 ) THE petitioner also appended a certificate to the application stating that he was resigning from his commission voluntarily and unconditionally without any terminal benefits and obligation to serve in the regular Reserve of Officers. The petitioner was not involved in any disciplinary/vigilance cases. The Colonel Commanding Officer made a personal. review of the petitioner s request for resignation on compassionate grounds and felt satisfied that they were valid. He recommended and forwarded the application. On 30. 11. 93, the petitioner was informed that his request of resignation was not agreed toby the Adjutant General. On 6. 6. 94, the petitioner made yet another application and the subsequent story is the same as it was with the earlier application upto the Colonel Commanding Officer having personally reviewed and satisfied himself of the validity of the petitioner s prayer and having recommended and forwarded the same.

( 4 ) THE petitioner was informed vide communication dated 15. 2. 95 of his above application for resignation having been considered and rejected by the Competent Authority.

( 5 ) ON 6. 3. 95, the present petition has been filed. The petitioner has cited at least four instances of the doctors serving in the army and similarly situated as the petitioner is, whose applications for resignation were promptly accepted by the respondents. It is further pointed out that out of the four, two were such doctors who had taken training at the cost of the respondents and yet they were allowed to leave the army and go away. The petitioner fails to understand why his application could not have been favourably considered though he was a fully qualified doctor when he had entered the army and the army had not incurred any expenditure on his professional lear