SANDEEP GUPTA vs UNION OF INDIA AND ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 14.01.2025 Pronounced on: 29.01.2025 + W.P.(C) 5366/2024 SANDEEP GUPTA .....Petitioner Through: Mr. Tapas Das, Adv. versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Sahaj Garg, SPC for UOI with Mr. Shyam Singh Negi, HQ DGBR. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR JUDGMENT SHALINDER KAUR, J. 1. The petitioner, a Superintending Engineer (in short, “SE”) (Civil) in the Border Roads Organization (in short, “BRO”) has approached this Court to seek directions to the respondents to consider the petitioner as deemed to have voluntarily retired with effect from 17.04.2024 pursuant to his applications dated 30.12.2023 and 30.03.2024 under Rule 48 of the Central Civil Services (Pension) Rules, 1972 (in short, “CCS Pension Rules”). Although, in the petition the petitioner has taken the ground of voluntary retirement under Rule 56(k) of the Fundamental Rules (in short, “FRs”). Additionally, the Signature Not Verified Digitally Signed W.P.(C) 5366/2024 Page 1 of 11 By:NEELAM Signing Date:29.01.2025 15:20:13 petitioner has also sought directions to the respondents for grant of all pensionary benefits. 2. We may set out the relevant facts as follows:- a) The petitioner was appointed in the General Reserve Engineer Force (in short, “GREF”) in BRO on 04.03.1995 as an Assistant Executive Engineer (in short, “AEE”) (Civil). He was promoted to the rank of SE (Civil) on 16.12.2017 through the Departmental Promotion. b) The petitioner was medically examined by the Medical Board, which vide its report dated 13.08.2022, placed the petitioner in the medical category of „SHAPE - 2Z‟. He was found to be obese and suffering from „Dyslipidemia‟ and „Bronchial Asthma‟ and was opined to be „UNFIT; for