Mandeep Singh v. Union of India and Ors

RAJIV SAHAI ENDLAW, J.

ASHA MENON, J. DECEMBER 18, 2020 "gsr"..

`* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 18th December, 2020 + W.P. (C) 8937/2020 MANDEEP SINGH ..... Petitioner Through: Mr. Ankur Chhibber, Adv. Versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Ruchir Mishra & Mr. Mukesh Kumar Tiwari, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW HON'BLE MS. JUSTICE ASHA MENON [VIA VIDEO CONFERENCING] JUSTICE RAJIV SAHAI ENDLAW 1. The petitioner, an Ex-Deputy Commandant of the respondents Border Security Force (BSF), who had joined the respondents BSF on 25th January, 2010, as directly recruited Assistant Commandant, pursuant to the offer dated 18th December, 2009 of appointment by respondents BSF, has filed this petition, (i) impugning the order dated 3rd April, 2018 whereby the respondents BSF approved the resignation of the petitioner from the post of Deputy Commandant, BSF, with effect from 30th April, 2018; (ii) impugning the orders dated 15th January, 2019 and 14th August, 2019 whereby the respondents BSF rejected the applications filed by the petitioner, after the acceptance of his resignation on 3rd April, 2018, for rejoining the respondents BSF as a Deputy Commandant; (iii) seeking mandamus, directing the respondents BSF to consider the case of the petitioner for reinstatement and accept the withdrawal of resignation tendered by the petitioner, as the same was compliant of Rule 26(4)(iii) of the CCS (Pension) Rules, 1972 (CCS (Pension) Rules); (iv) seeking mandamus, directing the respondents BSF to allow the petitioner to rejoin the service and continue his duty in the same capacity as prior to the resignation, that is, as Deputy Commandant in the respondents BSF. 2. The petition came up first before us on 17th December, 2020, when it was the contention of the counsel for the petitioner that since the question entailed in this petition is the same as is being considered by us in W.P.(C) No.3369/2020 titled Dinesh Yadav Vs. Union of India and in other connected petitions and which are listed next on 11th January, 2021, notice of this petition be issued and this petition be also taken up on 11th January, 2021. 3. The counsel for the respondents BSF also appeared yesterday and also appears today, on advance notice. 4. However, having gone through the file and having prima facie not found the petitioner to be, in the facts of his case, entitled to the reliefs as claimed, even if the question of law may be the same, we asked the counsel for the petitioner to make his arguments. 5. On the request of the counsel for the petitioner, the matter was adjourned to today. 6. The case set up by the petitioner in the petition is, that (i) the petitioner, after joining the respondents BSF on 25th January, 2010 as an Assistant Commandant (DE), when posted at 182 Bn, Samba, Jammu, underwent the YO"s Leg-1 (Commando) Course, from 31st October, 2011 to 24th December, 2011 and YO"s Leg-2 (Platoon Weapon) Course, from 23rd April, 2012 to 16th June, 2012 and after completion of his National Security Guard (NSG) Commando Course on 26th April, 2014, from 3rd August, 2014, was deputed to the NSG and while on which deputation, he was promoted as Deputy Commandant; (ii) the petitioner, on 3rd December, 2017, while still on deputation with NSG, was posted at Hqrs. NSG, Mehram, Palam, New Delhi; (iii) while the petitioner was posted at New Delhi, "his mother was suffering from Parkinson disease since 2008 and was undergoing treatment at PGI Chandigarh and various other hospitals. On the other hand, the wife of the Petitioner was posted at Amritsar as Judicial Magistrate staying alongwith her 2 year old child. Therefore, in the best interest of his parents and family the Petitioner vide his application dated 03.12.2017 addressed to the President of India tendered his resignation from the post of Deputy Commandant, BSF requesting that his resignation be accepted on compassionate ground and he may be relieved from service on or before 28.02.2018"; (iv) the petitioner, vide his