DEEPAK KAUSHIK Vs. UNION OF INDIA AND ANR

JUDGEMENT

(1.) In this petition, the petitioner has laid a challenge to the order dated 10.02.2016 passed by the respondents/ITBP, accepting his resignation dated 28.01.2016. At the time of accepting his resignation, the petitioner was informed that since he had failed to serve for a period of ten years of regular employment, as per the provisions of Rule 27(1) of the ITBP Rules, 1994, his three months' equivalent salary of Rs.75,756/-, was being deducted from his dues.

(2.) We may first allude briefly to the facts of the case. On 30.12.2014, the petitioner was appointed on the rank of Head Constable (Telecommunication) in the respondents/ITBP. After completing his training between 11.01.2015 to 09.08.2015 at RTC, Karera, the petitioner was granted 30 days' earned leave w.e.f. 31.08.2015 to 29.09.2015, 15 days' casual leave w.e.f. 07.10.2015 to 12.10.2015 and three days' casual leave w.e.f. 28.12.2015 to 30.12.2015. On 30.12.2015, the petitioner joined his duties and in less than one month therefrom, he tendered his resignation letter dated 28.01.2016, stating inter alia that he was facing family problems and unable to serve in the Force and therefore, may be released at the earliest. The resignation letter of the petitioner was received by the respondents/ITBP on 01.02.2016 and it was forwarded to the Sector Headquarters, Delhi on 06.02.2016. Thereafter, the order dated 10.02.2016 was issued by the respondents, accepting the petitioner's resignation.

(3.) The petitioner claims that within two days from the date of tendering his resignation, he had serious second thoughts about the same and he wrote a letter dated 30.01.2016, for withdrawing his resignation and for seeking permission to be included in the Force. The aforesaid plea has been disputed by the respondents, who have stated in their counter affidavit that the letter of withdrawal of his resignation was received in the office of the respondents on 25.02.2016 and the petitioner was informed vide letter dated 03.06.2016, that the said request had been rejected by the competent authority on the ground that the provisions of the CCS (Pension) Rules, 1972 permit a permanent employee to join service again but since the petitioner had not become a permanent employee, having failed to comply the tenure of two years, he could not be reinstated in the Force.