MANGSATABAM INGO SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking a writ of mandamus directing the respondents to release the entire amount of leave salary for the un-utilized earned leave of the petitioner as well as the amount of gratuity entitled by him in view of the relevant provisions of Service Rules.

(2.) Heard Mr. Sh. Athoi, the learned counsel for the petitioner and Mr.S. Vijayanand Sharma, the learned Central Government Standing Counsel for the respondents.

(3.) The case of the petitioner is that he was initially appointed to the post of Sub-Inspector of Central Reserve Police Force [CRPF] with effect form 19/12/2005 and thereafter, he was promoted to the post of Inspector with effect from 4/10/2009. While, he was working in 2-Signal Battalion, CRPF, he applied for appointment to the post of Officer (Security) of the Gas Authority of India (GAIL) under due process. On 21/11/2016, the office of the Commandant also issued no objection certificate to him and another person for appearing in the recruitment process for the said post. Thereafter, the petitioner appeared in the process and was selected for appointment to the post of Officer (Security). In view of the selection, the petitioner applied for technical resignation from the post of Inspector so that he can join in the new post. The office of the Commandant had also issued an order dtd. 14/11/2017 accepting the resignation tendered by the petitioner with effect from 20/11/2017 AN. Since the issuance of the order dtd. 20/11/2017, the petitioner joined his new post and subsequent to the joining of new post, the petitioner applied for gratuity for the services rendered in CRPF.