ORDER

Hon’ble Mr. Manish Garg, Member (J) :

Narrating the facts of the case, Mr, Nalin Kohli, learned senior counsel for the applicant submitted as under:

1.1. The applicant, after serving for over 30 years, sought voluntary retirement from his post as Joint Secretary in the Ministry of Civil Aviation. However, in his request dated 08.09.2006, he inadvertently used the term 'resignation' instead of 'voluntary retirement'. Notwithstanding this, the competent authority accepted his request vide order dated 01.11.2006, and the applicant relinquished his charge as Joint Secretary w.e.f. 01.11.2006, as per the order issued on 07.11.2006.

1.2. Learned senior counsel submitted that it is pertinent to note that neither the order dated 07.11.2006 nor any such order mentioned that the applicant would not be entitled to his pensionary benefits. Nevertheless, when the applicant submitted a representation on 09.06.2017 seeking his retirement benefits, including gratuity, the respondent No. 2 rejected his request vide the impugned order dated 25.09.2017, citing Rule 5(1) of the AIS (DCRB) Rules, 1958.

1.3. Mr. Kohli, learned senior counsel submitted that this rejection is entirely unjustified and arb