UNION OF INDIA Vs. MUDASIR BASHIR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 7/4/2016 delivered by a Single Judge of this court in SWP No.2177/2013. The said writ petition (SWP No.2177/2013) was the second round of litigation before this Court. In the first instance, the writ petitioners had filed SWP No.631/2009, wherein, inter alia, they had challenged the order dtd. 20/3/2006 whereby the Competent Authority (Commandant, 28th Bn, Sashastra Seema Bal) had approved the resignations of the petitioners who were recruited Constables and were undergoing training at Barauni, Bihar.

(2.) The plea taken by the writ petitioners was that the resignations were involuntary and were occasioned by threats of militants in Jammu and Kashmir of which they were residents. The learned Single Judge, on the earlier occasion, in SWP No.631/2009, after hearing the counsel for the parties, was of the opinion that the writ petitioners' prayer for reconsideration of the decision taken by the respondents in accepting their resignations deserved to be re-examined in the light of the case setup and in view of the facts averred in the petition. It was also observed that in case the petitioners were ready and willing to serve the Armed Force, they deserved to be given an opportunity to prove that they would be assets to the force. Accordingly, the petition was disposed of with the direction to the respondents to accord fresh consideration to the claim of the petitioners in the light of the averments made and annexures appended to the writ petition.

(3.) Thereafter, the case of the petitioners was reconsidered in view of the directions given by the learned Single Judge in SWP No.631/2009 dtd. 5/8/2013. By virtue of an order dtd. 15/10/2013, the Director General, SSB, Ministry of Home Affairs, Government of India, New Delhi, concluded that the writ petitioners were appointed as Constables (GD) on 27/12/2005 and 29/12/2005 in the pay scale of Rs.3050.0075-3950-80-4590 in SSB at Training Centre, SSB, Barauni, and had served with the department for only four and a half months and as such, they were temporary Government servants.