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KARDAK ETE
RANGAN KR. NATH S/O SHRI PRABHAT CH. NATH – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
KARDAK ETE, J.
1. Heard Mr. P.J. Saikia, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned CGC for all the respondents.
2. Aggrieved by the order dated ----02/2012 issued by the Deputy Inspector General, Group Centre, CRPF, whereby, the resignation of the petitioner has been accepted w.e.f. 04.08.2012, the petitioner has filed this present petition. The petitioner has prayed for a direction to respondent authorities to constitute a Medical board for examination of his disease and then allow to go on retirement on medical ground since he has already completed the required qualifying service.
3. Brief facts of the case giving rise to filing of the writ petition are that the petitioner was inducted as Constable GD in the CRPF on 06.08.2000. In the month of August, 2008 while he was posted at Guwahati, due to sudden severe backbone pain he had to be admitted into hospital at Guwahati for treatment and was diagnosed from ‘Low Backacne’.
4. It is the contention of the petitioner that due to frustration owing to prevailing circumstances and because of his ill health, he had prayed for constitution of Medical board to examine his illness as early as possible, otherw
A resignation must be clear and unambiguous; conditional resignations cannot be accepted without addressing the conditions first.
The acceptance of resignation based on medical grounds and the entitlement to relief after acceptance of resignation.
The court affirmed that accepted voluntary resignation cannot be reversed without substantial legal grounds or evidence, particularly concerning mental health claims made after acceptance.
Resignation entails forfeiture of past service, making the employee ineligible for pensionary benefits.
Withdrawals of resignation must comply with stipulated timelines and demonstrate changed circumstances to be valid.
Resignation before qualifying service precludes entitlement to disability pension, regardless of subsequent policy changes.
The court upheld that the appointment of the petitioner to an alternative post was lawful despite previous findings of unfitness, affirming the requirement to comply with procedural norms for medical....
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