BIRANDER SINGH EX DC vs UNION OF INDIA & ORS.

Judgment text excerpt

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13289/2023 BIRANDER SINGH EX DC .....Petitioner Through: Mr. Md. Naushad Alam, Adv. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Vijay Joshi, CGSC CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 17.09.2025 C. HARI SHANKAR, J. 1. The petitioner joined the Border Security Force1 as Platoon Commander (DE) on 9 April 1990. Having served the BSF for over 33 years, the petitioner submitted an application on 31 January 2023 seeking voluntary retirement. The application read thus: “To The Hon'ble President of India Rashtrapati Bhawan New Delhi (Through Proper Channel) Sub:- VOLUNTARY RETIREMENT Respected Sir, 1 “BSF” hereinafter W.P.(C) 13289/2023 Signature Not Verified Page 1 of 13 Signed By:GUNN Signing Date:19.09.2025 16:49:04 With due respect I, undersigned beg to say following few lines for your kind consideration and favourable action, please. 2. Sir, I joined the BSF on 9th April 1990 as a PC (DE) and I will complete approx 32 years and 9 months service as on 31.01.2023. My parents are no more and no any male member is available at my home. My wife always suffering several diseases. Due to the aforementioned reason I want to proceed on voluntary retirement on 31.01.2023. 3. It is therefore, earnestly requested to accept my voluntary retirement w.e.f. 31.01.2023 with all admissible pensionary benefits. 4. thanking you for this act of kindness in anticipation, please. Yours faithfully SD/- 30.10.2022 Birander Singh Deputy Commnadant IRLA No. 40904351 165 Bn BSF I/Nagar, Jammu (J & K)” 2. The voluntary retirement was, therefore, to take effect on 31 January 2023. 3. It is a conceded position between learned Counsels that the petitioner was governed by th