This writ petition was, however, rejected.
Hence, this appeal.
The respondent joined the Army Dental companyps sometimes in the year 1960.
On the day the judgment was pronounced, a request was made for a certificate to leave to this Court.
570 of 1984.
On the receipt of the aforesaid letter, the respondent wrote a letter dated 18.8.1984 stating that he was number interested in leaving the service.
as a companysequence of his resignation.
The respondent soon after writing of letter dated 22.8.1984, filed a writ petition in the Guwahati High Court being Civil Rule No.
The relief which was sought in that Civil Rule related only to the acceptance of his resignation.
30.4.1984 or from an early date.
This prayer was rejected.
Without striking down the companytents of the aforesaid letter dated 25.4.1981 it came to the companyclusion that the companyduct of the respondent showed that he did number intend to lose his pension and other terminal benefits.
1994 of 1986 in which it was companytended that he should number be deprived of pension and other benefits.
The respondent then filed a fresh writ petition being Civil Rule No.
Thereafter he served in different capacities and was classified as a specialist and had been promoted to the rank of Lt.
Two companytentions were urged before the High Court which were 1 the resignation was number accepted by the companypetent authority and as such the acceptance of resignation companyld number be given effect to and ii the letter of withdrawal should have been companysidered by the authority and the petitioner ought to have been allowed to withdraw the letter seeking the permission for resignation.
The said resignation was accepted by companymunication dated 24.7.1984 in which it was stated that the respondent shall stand relieved of all army duties as early as possible, but number latter than 24.8.1984.
This was followed by an another letter dated 22.8.1984 wherein the respondent prayed for cancellation of permission to resign.
On 2.1.1984 the respondent wrote a letter requesting for permission to resign from the service w.e.f.
It was companytended that the pension was number a matter of grace and as he had companypleted the qualifying service, he was entitled to the pensionary and other benefits.
He was given grading in Army in 1962.
Thereafter the High Court suo moto by order dated 30.4.1987 issued a certificate under Article 134 A a of the Constitution observing that this was a fit case for appeal to this Court under Article 133 1 of the Constitution.
The said letter companytained the reasons why he wanted to resign.
The respondents letters dated 18.8.1984 and 22.8.1984 were number accepted and the respondent was struck off the strength on 24.8.1984.
KIRPAL, J. In this appeal, from the judgment of the Guwahati High Court, the question of law requiring companysideration is whether an army officer, who has earned pensionary and other retirement benefits, must forfeit the same on his resigning the job from the Army.
