JUDGMENT :

SANDEEP SHARMA, J.

1. Precise question, which has fallen for adjudication in the case at hand, is, “whether the option once exercised in terms of rule 19 of the CCS (Pension) Rules, 1972 (hereinafter, ‘Rules’) to count past military service, can be withdrawn at a subsequent stage, that too after lapse of about 10 years or not?”

2. For having birds’ eye view of the matter, certain undisputed facts as emerge from the record are that the petitioner, after having rendered service in the Indian Air Force, came to be reemployed as a Assistant District Attorney in the Department of Prosecution in the year 2001 against the post reserved for the ex-serviceman category. Petitioner joined against the aforesaid post in the Department of Prosecution on 28.12.20001. On 4.10.2002, petitioner opted to count his previous military service as qualifying service for the purpose of retirement benefits on account of military service on his superannuation in terms of rule 19 of the Rules. Vide letter No. DPr-B(3)3/2001-4314 dated 3.5.2003, Director Prosecution, Himachal Pradesh called upon the petitioner to deposit /refund amount received by the petitioner on account of commutation amount, intere