JUDGMENT AND ORDER : 1. Heard Mr. U.K. Nair, the learned Senior Counsel for the petitioner and Mr. S.K. Medhi, the learned CGC for the respondents. 2. The case of the writ petitioner is that he is a medical doctor and he joined his service in the Assam Rifles as Assistant Commandant (Medical Officer) on 20.02.2004. He was promoted to the rank of Deputy Commandant (Senior Medical Officer) on 20.02.2008 and thereafter, he got promotion to the next higher rank of 2IC (Chief Medical Officer) on 20.02.2013. During the year 2010-2011 the petitioner was deputed on United Nation Mission at Haiti and for which he was awarded commendation certificate of appreciation for service by various authorities. 3. In the year 2013 while the petitioner was posted in the 3rd Assam Rifles, he was sponsored by the Assam Rifles, Ministry of Home Affairs, for undergoing post graduate qualification in Radio Diagnosis at AFMC Pune. On being sponsored, the petitioner executed a bond dated 24.06.2013 (Anneuxre-5). As per the terms of the bond, in the event of failure on the part of the petitioner to resume duty or resigning or retiring from service without returning to duty or for failing to complete the course of study within a period of 3 years after his return to duty, the petitioner would have to pay the Government as may be directed on demand, a sum of Rs.28,79,460/- (Rupees Twenty Eight Lakhs Seventy Nine Thousand Four Hundred Sixty) only together with interest. Accordingly, leave was sanctioned to the petitioner to undertake the course for 36 months with effect from 26.06.2013 to 25.06.2016. 4. The petitioner successfully completed the course in the subject of MD, Radio Diagnosis from AFMC, Pune on 25.06.2016. Since the completion of the course the petitioner joined back his post and started discharging his duties to the satisfaction of all concerned. However, the petitioner was facing certain difficulties at his home front with his aged mother who was suffering from serious illness coupled with the fact that that his only sister being totally blind. That apart, the young son of the petitioner was also diagnosed with certain ailment requiring him to be kept under direct supervision and extensive life saving medication. Due to such difficulties the petitioner approached the respondent authorities with a request for his choice of posting but the same did not materialize. That apart, the young son of the petitioner was also diagnosed with certain ailment requiring him to be kept under direct supervision and extensive life saving medication. Due to such difficulties the petitioner approached the respondent authorities with a request for his choice of posting but the same did not materialize. Consequently, the petitioner having found himself to have no alternative submitted an application for resignation from service on extreme compassionate ground before the Director General of Assam Rifles, Medical Branch, HQ, Shillong on 03.02.2017 (Annexure-7). As per the said application, the petitioner wanted to resign from service with effect from 25.06.2017 with a prayer for acceptance of his resignation on extreme compassionate medical grounds. He further requested the respondent to adjust his outstanding dues as per his insurance savings and accumulated leave salary. The petitioner’s application was forwarded to the administrative branch of the respondents on the same day of the application. 5. The petitioner thereafter on 07.02.2017 suffered a serious back pain and accordingly visited the District Naga Hospital at Kohima, wherein, he was diagnosed as suffering from PIVD with Sciatica (Lt). The Medical Officer on thorough examination advised him to take rest for 45 days with effect from 10.02.2017 and the petitioner accordingly informed the administrative branch of the 3rd Assam Rifles about his health condition. The petitioner was therefore granted sick leave for 45 days with effect from 10.02.2017. The petitioner on 10.02.2017 (Annexure-13) was however issued a communication asking him to be present at the Commandant’s Office on 11.02.2017 and on the same day another communication was issued by which recommendation of the Commandant was sought with regard to his resignation from service. On 16.02.2017 (Anneuxre-15) during his sickness the petitioner received a communication asking him to attend an interview with the Commander, HQ 5 Sector AR. Again on 25.02.2017 (Anneuxre-16), the respondent issued another order informing the petitioner that his resignation was held up due to interview by the Commander’s-in-Chain as per the existing policy. The petitioner, however, submitted a representation on 02.03.2017 (Anneuxre-17), wherein he stated that he is unable to attend the interview as he was asked to take rest due to his ailment and was undergoing physiotherapy. The petitioner also made a partial modification in his resignation letter by requesting the effective date of his resignation be taken as 05.04.2017. The petitioner, however, submitted a representation on 02.03.2017 (Anneuxre-17), wherein he stated that he is unable to attend the interview as he was asked to take rest due to his ailment and was undergoing physiotherapy. The petitioner also made a partial modification in his resignation letter by requesting the effective date of his resignation be taken as 05.04.2017. The petitioner also stated that he intends to refund the bond amount to the Government of India upon acceptance of his resignation from his savings lying in the Government account i.e. ARGIS savings, gratuity of 13 years of service, surrender value of NPS and accumulated leave salary. However, since the respondent authorities have not acted upon the request of the petitioner, the petitioner is before this Court. 6. Mr. U.K. Nair, the learned Senior Counsel for the petitioner, submits that the petitioner has sufficient amount of savings lying in his credit to cover up the Government dues mentioned in the bond executed by him on 24.06.2013. The total pension contribution of the petitioner in NPS till 25.02.2017 was Rs.17,03,681.26 (Rupees Seventeen Lakhs Three Thousand Six Hundred Eighty One) only and therefore, the total value of his contribution as on that date would work out to Rs.27,20,636.22 (Rupees Twenty Seven Lakhs Twenty Thousand Six Hundred Thirty Six) only, which in fact has only increased by now. He further submits that at any rate the surrender value of pension dues covers almost 97% of the bond amount due from the petitioner and the remaining amount can very well be recovered from other dues including the ARGIS savings and gratuity. 7. Mr. S.K. Medhi, the learned CGC for the respondents, by referring to the affidavit-in-opposition filed on 26.07.2017 submits that the petitioner applied for resignation from service on 03.02.2017 and was on leave since 09.02.2017 upto 25.03.2017. By submitting an application on 03.05.2017, the petitioner has also asked for a no objection certificate for his reemployment elsewhere. Although the application of the petitioner was sent to the Head Quarters on 05.04.2017, the same was only returned after scrutiny for rectification on 10.04.2017 which was received by the 3rd Assam Rifles only on 15.06.2017. The affidavit of the respondents as submitted by Mr. S.K Medhi also indicates that the modification of his resignation with effect from 05.04.2017 instead of 25.06.2017 has also not been received by the establishment of the respondent No.5. The affidavit of the respondents as submitted by Mr. S.K Medhi also indicates that the modification of his resignation with effect from 05.04.2017 instead of 25.06.2017 has also not been received by the establishment of the respondent No.5. He therefore submits that unless the procedural formalities are completed and the bond amount is secured from the petitioner, the petitioner cannot be just permitted to resign from his post. Further, while the petitioner failed to attend the interview before the Commander, Head Quarters 5 Sector AR, he very well could travel a great distance by road to Guwahati. Therefore, the claim of the petitioner that he requires medical attention and rest is only belied by his actions. 8. Mr. U.K. Nair, the learned Senior Counsel for the petitioner, by producing a communication dated 10.08.2017 submits that the petitioner has submitted all the required documents to the Commandant of the 3rd Assam Rifles which includes undertaking certificates for his accumulated ARGIS savings and gratuity as well as NPS. Furthermore, leave certificate dated 14.08.2017 granting the petitioner 50 days Earned Leave and 10 days Half Pay Leave with effect from 10.08.2017 to 08.10.2017 has also been accorded by the Commandant of the 3rd Assam Rifles and therefore, the respondents cannot have any reason not to allow him to resign from the post by accepting his resignation. Mr. U.K. Nair further submits that if the deduction made from his savings which is in the custody of the respondents is not sufficient, the petitioner is ready to pay any balance amount that is due from him to the respondents. 9. Mr. S.K. Medhi, the learned CGC has produced a communication made by the Medical Branch of the respondent organization. Referring to the communication, he submits that in the event of an employee covered under the NPS discontinues his service before attaining the age of normal superannuation, at least 80% of the accumulated pension is to be forfeited and that unless proper authorization is granted, the past service of employee will have to be forfeited thereby rendering the employee disentitled for any pension gratuity or terminal benefits. 10. I have considered the submissions advanced by the rival parties and perused the materials available on record. 11. The question for consideration as to whether the petitioner can be allowed to resign from his post. 10. I have considered the submissions advanced by the rival parties and perused the materials available on record. 11. The question for consideration as to whether the petitioner can be allowed to resign from his post. From what has been submitted by the parties, the only impediment is the dues which are to be recovered from the petitioner in terms of the bond signed on 24.06.2013, whereby the petitioner is required to refund a sum of Rs.28,79,460/- (Rupees Twenty Eight Lakhs Seventy Nine Thousand Four Hundred Sixty) only with interest thereon from the date of demand at Government rates from the time being in force. As can be seen the petitioner having served in the Assam Rifles since the year 2004 admittedly will be entitled to some benefits which will have to be decided only by the respondent authorities. At the same time, as submitted by Mr. U.K. Nair on instructions, the petitioner is willing to pay any outstanding dues that may be left after dedication are made from his termination dues. 12. In that view of the matter, I am of the considered opinion that there would be no difficulty on the part of the respondent authorities to allow the petitioner to resign from his post by accepting his application for resignation. Having opined thus, the respondent authorities are directed to release the petitioner from his service within a period of 10 (ten) days from the date of receipt of a certified copy of this order by accepting his resignation. However, the respondent authorities will be at liberty to adjust the dues of the petitioner which is pending and if the amount is not sufficient, the petitioner shall refund the balance due within a period of 3 (three) months from the date of acceptance of his resignation. 13. It is also hereby provided that if the petitioner fails to refund the amount due and demanded from him by the respondent authorities within the prescribed period, the acceptance of the resignation of the petitioner by the respondents authorities shall stand recalled and the petitioner shall be treated to be in service. 14. With the above observation and direction, the writ petition stands disposed of. No cost.