SHASHI KANT SINGH Vs. UOI

JUDGEMENT

(1.) A legal issue arises for consideration and with consent of learned counsel for the parties the writ petition is heard for final disposal at the preliminary hearing inasmuch as counter affidavit is not required.

(2.) CHALLENGE is to Annexure P-9, rejecting petitioners technical resignation from Border Roads Organization on the ground that when necessary approval was granted to the petitioner to seek employment under the State of Uttar Pradesh and the requisite No Objection Certificate was issued, there was enough manpower with Border Roads Organization, but now due to large scale work undertaken for construction of roads in border areas, services of the petitioner cannot be dispensed with. An additional reason given is that petitioner has gained experience in the strategic works being executed at the Indo-China Border.

(3.) THE issue has to be sorted out with reference to sub-rule 2 of Rule 26 of the CCS Pension Rules which stipulates that a resignation shall not entail forfeiture of past service if it has been submitted to join, with proper permission, another service; whether temporary or permanent, under the Government where service qualifies.