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2015 Supreme(Tri) 158

DEEPAK GUPTA, S.C.DAS
Ajit Debbarma – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the petitioner: Mr. K.N. Bhattacharji, Mr. R. Debnath
For the respondents: Mr. A. Roy Barman, CGC.

Judgment

Deepak Gupta, J.

By means of this petition, the petitioner who was serving in the CRPF has prayed that he be deemed to have been retired w.e.f. 04-05-2002 and pension be granted to him in terms of Rule 49 of the Central Civil Service (Pension) Rules (hereinafter referred to as the CCS rules).

2. The undisputed facts are that the petitioner was enrolled in the CRPF as constable on 07-07-1988. Thus, he had almost 14 years of service to his credit on 04-05-2002. The case of the petitioner as set out in the writ petition is that in the year 2002 the son of the petitioner died and the petitioner was under a shock. Being overwhelmed by grief, he could not understand what he had to do. According to the petitioner, his wife became ill because of the death of his son. He has also stated that the authorities were reluctant to grant him leave. Therefore, the petitioner sought advice of some other persons and filed an application seeking discharge but according to him, he did not understand the full import of the word “discharge”.

3. On the other hand, the stand of the respondents is that the petitioner sought discharge from service and since he has been discharged, he is not entitled to







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