Augustine George Masih, J.

1. Challenge has been posed to the voluntary retirement to be effective from 01.11.2008 granted to the petitioner vide order dated 24.07.2008 (Annexure P-5) being arbitrary, illegal on the ground that the request for voluntary retirement was withdrawn by the petitioner through application dated 15.09.2008 (Annexure P-6) and 16.10.2008 (Annexure P-7) as the petitioner was retired from service in contravention of the law laid down by the Honble Supreme Court. A further prayer was made that the petitioner was entitled to extra-ordinary pension for disability suffered while on duty as per the Central Civil Services (Extra-Ordinary Pension) Rules, 1939.

2. Briefly the facts of the case are that the petitioner was enrolled as combatised member of the Central Reserve Police Force (hereinafter referred to as the `CRPF) in the cadre of Driver on the rank of Constable. He was enlisted on 25.11.1987 and performed his duties as per the orders to the utmost satisfaction of his superior officers. The petitioner was performing counter insurgency duties in the year 1989 while there was spurt of militant/terrorist activities in Punjab and Chandigarh. While perform