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2021 Supreme(Bom) 1695

RAVINDRA V.GHUGE, S.G.MEHARE
Sandip S/o Prakash Thorat – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N.R. Thorat
For the Respondent: S.N. Patale

JUDGMENT :

RAVINDRA V. GHUGE, J.

Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The petitioner has put forth prayer clauses 15-B and 15-C as under :—

    “15-B. Kindly issue writ of certiorari or any other writ or direction in the like nature, kindly quash and set aside order dated 13-1-2020 passed by the Commandant 52nd Bn SSB, Araria in proceeding No. 1/Estt-III/ 52nd Bn./CRC/PF/S.P.T./2017-18/808-10 and consequently reinstate in service to the petitioner as a CT (GD). 15-C. Kindly be declared and hold that, the petitioner is entitled for the reinstatement in service as per the guidelines DoP & TOM No. 28035/2/2014-Estt (A) dated 10-6-2019.”

3. The petitioner was appointed as a “Constable Guard” in the Indian Army on 1-3-2007. He was inducted in the 52nd battalion SSB, Araria. The petitioner has 3 sisters and is the only son to his parents. His parents are old and suffering from age related issues. He tendered his resignation in his own handwriting on 16-7-2019, which was accepted on 25-7-2019. He was relieved on the same date. He submitted an application on 6-9-2019 withdrawing his resignation as per the guidelines dated 10-6-2019 and prayed for

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