JUDGMENT :

ANIRUDDHA BOSE, J.

Leave granted.

2. The appellants question the legality of a judgment of a Division Bench of the Delhi High Court, which in substance sustains an order of the Central Administrative Tribunal allowing the respondent to withdraw her resignation and permit her to rejoin duty. At the material point of time, the respondent was working as an Assistant Teacher in a school under the Directorate of Education, Delhi Government, who are the appellants before us. She had tendered her resignation on 22nd March 2012 as she desired to participate in the elections for the post of a Counsellor of Municipal Corporation of Delhi. Her request for resignation was accepted by the authorities on 29th March itself, with effect from 22nd March 2012. She, however, lost the election, which was held in the month of April the same year. On 21st April 2012, she applied for withdrawing her resignation and re-join duty for the post in question. This application, however, was kept pending in spite of several reminders in the years 2013 and 2014.

3. The respondent then filed a writ petition before the Delhi High Court. This was registered as W.P. (C) No. 1522 of 2014 and the said petition was disposed of on 20th March 2014 with the following directions and order:-

“6. The petitioner, is aggrieved by the fact that, there has been no decision on her request, as yet. The petitioner, apparently, has also taken recourse to the Right to Information Act, 2005 (RTI Act). In respect of the application made under the RTI Act, the petitioner though has received a response dated 18.01.2013 from respondent nos. I and 2, which only indicates that the decision regarding her request for withdrawal of resignation is ? under process.

7. In view of the aforesaid facts, in my opinion, the respondents cannot, not take a decision in the matter. Therefore, the writ petition is disposed of with a direction to the respondents to deliberate upon and thereafter dispose of the request of the petitioner qua withdrawal of her resignation; albeit by a speaking order. The needful will be done expeditiously, though not later than 10 weeks from today. The copy of the order passed will be furnished to the petitioner. The respondents, while passing the order, will also take note of the judgment of this court dated 18.03.2005, passed in WP(C) No. 3303/2003, titled Nirmal Verma vs MCD and Anr.

8. The writ petition and the application are disposed of with the aforesaid directions.”

(quoted verbatim from the paper book)

4. On 14th May 2015, the Deputy Director of Education, District South East, Government of National Capital Territory of Delhi had rejected her plea and, inter-alia, ordered:-

“… AND WHEREAS, the operative part of the judgment dated 18.03.2005 in W.P.(C) No. 3303/2003 of Hon'ble High Court Delhi is re-produced as under;-

"… It would, thus, be seen that in the cases cited above and as also in Durgesh Mohanpunu’s case which is the latest case processed after the petitioner's case, the respondents have taken a consistent position that legally it is permissible for them to allow withdrawal of resignation after its acceptance and have followed the practice of restoration of service. In the petitioner's case also accordingly there is no ground made out for adopting a different yardstick or contrary legal submission to defeat the petitioner's case. Petitioner had also. within a month of the acceptance of her resignation and within a week of her losing the election requested for being permitted to withdraw the resignation in accordance with Rule 26(4) of CCS Pension Rules. It is not the case of respondents that petitioner was not having a good record or had been guilty of any misconduct: or impropriety or it being a case of any doubt on the integrity etc. Denial of reinstatement in service to the petitioner and not treating the petitioner at par with others in the absence of any distinguishing feature, renders the respondent's action arbitrary and tantamount to denial of equ