RAKESH KUMAR BHARTIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) An interesting question is posed to us and it is to be answered whether it is permissible for any employer to process the resignation request which it had earlier declined to process?

(2.) Petitioner joined Sashastra Seema Bal (SSB) on 15/7/2008 as Assistant Commandant/Medical Officer. His wife has also joined SSB as a Medical Officer. They had a specially-abled child who required constant supervision and support. Petitioner used to request for posting him and his wife at the same command center but his such request was not always acceded to.

(3.) When the petitioner was posted as Second-In-Command (Medical) in 28th Battalion, SSB at Antagarh, Chhattisgarh, on account of the difficulties being faced by him and repeated rejection of his leave applications, he tendered resignation on 4/11/2020.