UNION OF INDIA Vs. PARULBEN KISHORE MANSATAR

JUDGEMENT

(1.) The Union of India has preferred the present petition to assail the order dated 25.1.2017 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, in O.A.No. 198/2015. The Tribunal has allowed the Original Application preferred by the respondents, and directed the respondents i.e. petitioners herein to permit the applicant to withdraw his resignation by exercising the power vested in the Government under Rule 38 of the CCS(Pension) Rules.

(2.) The brief background facts of the case are that the respondent no. 2 was serving as a Sepoy Grade 'D' in the Department of Customs and Central Excise vide order dated 23.12.1994. He got married on 26.2.1995. He tendered his unconditional resignation on 18.1.2010. His resignation was accepted on 5.2.2010, and he was relieved from government service. Thereafter, the respondent no. 2 represented to the petitioner on 15.12.2010 for grant of permission to rejoin the service on the ground that he had tendered his resignation without proper application of mind. He pleaded his precarious financial conditions on the ground that he has to support his family consisting of himself, his wife, two daughters and two sons. He explained that he had tendered his resignation on a representation by his uncle to join a gas agency business, but after his resignation, the same did not fructify and he was left without any income.

(3.) The respondents/petitioners herein rejected the request on the ground that the same was made beyond 90 days. The relevant Rule applicable to the respondent is contained in Rule 26(4) of the CCS (Pension) Rules, which reads as follows:-