Capt. Rajesh Ahlawat vs Union Of India And Ors.

Sunil Gaur, J

Against impugned order of 18th December, 2015 rejecting petitioner's application for voluntary retirement and order of 30th December, 2016 by which petitioner's resignation has been accepted with rider, a representation (Annexure P-14 Colly) was made by petitioner on 24th April, 2017 to second respondent. It is the case of petitioner that the said representation was followed by a reminder (Annexure P-15 Colly) on 21st June, 2017. Learned senior counsel for petitioner submits that there is no response to aforesaid representation/reminder.

In the facts and circumstances of this case, it is deemed appropriate to dispose of this petition with direction to second respondent to consider petitioner's representation (Annexure P-14 Colly). At this stage, learned senior counsel submits that the case of petitioner is covered by a decision of a Coordinate Bench of this Court in W.P.(C) No.9096/2011 Capt.R.L.Mathur Vs. UOI & Ors. decided on April 01, 2013 (Annexure P-13) and while relying upon this decision, a concise representation would be made to second respondent within a period of four weeks. Upon receipt of such representation, the second respondent shall pass a speaking order in light of the decision (Annexure P-13) within a period of twelve weeks and the fate of the representation be conveyed to petitioner within a week thereafter, so that petitioner may avail of the remedy, as available in law, if need be.

With aforesaid directions, this petition is disposed of. Dasti.