MANDEEP SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(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 11 th January, 2021.

(3.) The counsel for the respondents BSF also appeared yesterday and also appears today, on advance notice.