SANDEEP KUMAR v. UNION OF INDIA & Ors.
Case at a glance
Outcome
Disposed of
Accordingly, the present petition is disposed of, reserving liberty
Key paragraphs
- Para 99. The pending application also stands disposed of. NAVIN CHAWLA, J MANOJ JAIN, J MARCH 10, 2025 RN/DG Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal…
Judgment
Through: Mr.Raj Singh, Adv. versus UNION OF INDIA & ORS. .....Respondents Through: Mr.Rajnish Kumar Gaind, SPC with Mr.Himanshu Gupta, Ms.Charu Rajput, Advs. for R-1 to 4. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MR. JUSTICE MANOJ JAIN
O R D E R 10.03.2025 This petition has been filed by the petitioner, praying for the following reliefs: % 1. for not approving issue a writ of mandamus or
a) To Certiorari and or any other suitable writ, order or direction to the Respondents for quashing non speaking order No.252/5/08583 dated 18.02.2025 Technical Resignation from the service w.e.f. 25.02.2025 being in violation of the Rule 26 of the CCS (Pension) Rules, 2021 and relevant DOPT OM No. 28011/1/2013-Estt (C) of dated 23.12.2013; and to direct Respondents to comply the order passed in the Writ Petition (C) No. 2115 dated 19.02.2025 in accordance with rules; and b) issue a writ of mandamus or To Certiorari and or any other suitable writ, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/03/2025 at 11:46:42 order or direction to the Respondents for the Petitioner on Technical release of Resignation in terms of the No objection Certificate dated 19.08.2025 issued to the Petitioner with the approval of the Respondent No. 3 in accordance with the Rule 21 & Rule 27 of the Coast Guard (General) Rules, 1986 read with Rule 26 of the CCS (Pension) Rules, 2021 with all consequential benefits accruing to the Petitioner in a time bound manner, c) issue a writ of mandamus or Certiorari and or any other suitable writ, order or direction to the Respondent 5 for keeping one post vacant in accordance with the offer of appointment dated 25.11.2025 issued to the Petitioner till the outcome of the writ petition.
To
On 25.02.2025, this Court had issued notice of this petition to the respondents.
Pursuant to the above, the respondents have filed a short affidavit, inter alia, enclosing therewith a copy of the Order dated 27.2.2025, thereby giving reasons for not accepting the request of the petitioner for technical resignation.
The petitioner would have to challenge the said order in accordance with law.
Operative part
Accordingly, the present petition is disposed of, reserving liberty to the petitioner to challenge the same in accordance with law.
The learned counsel for the petitioner submits that the respondent
no. 5 has been served with the notice of the present petition. Inspite of service, none appears for the respondent no. 5. The interim relief granted to the petitioner vide Order dated
25.2.2025 shall continue for a period of ten days for the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/03/2025 at 11:46:42 petitioner to avail of his remedies.
The pending application also stands disposed of. NAVIN CHAWLA, J MANOJ JAIN, J MARCH 10, 2025 RN/DG Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/03/2025 at 11:46:42
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.