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2023 Supreme(Del) 2864
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Vinayak Singh – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 16430 of 2022
Decided On : 16-02-2023
Mr.Ankur Chhibber, Mr.Himanshu Tiwari, Mr.Anshuman Mehrotra, Mr.H.S. Tiwari, Mr.Nikunj Arora, Mr.Arjun Panwar & Ms.Smardhi Bhutt, Advocates, for the Petitioner.
Mr.Rajesh Kumar Singh, CRPF, for the Respondents.
The central legal point established in the judgment is that the acceptance of resignation can lead to the issuance of a formal clearance for the petitioner to work in the UP Government, as demonstrated in the Alakh Shukla case.
Headnote:
NOCI - Petitioner's denial of grant of NOCI Cadre Clearance - Alakh Shukla vs. Union of India & Anr. - [Civil Appeal No.3167/2022] - The court discussed the petitioner's denial of NOCI Cadre Clearance and the judgment in Alakh Shukla vs. Union of India & Anr. The court directed the competent authority to issue a formal clearance permitting the petitioner to work as Block Development Officer in the UP Government within a period of four weeks from the date of the judgment.
Fact of the Case:
The petitioner sought NOC/Cadre Clearance from the authorities to appear in an exam, but the request was repeatedly denied. After being allotted the post of Block Development Officer in UP Government, the petitioner's resignation was accepted, but subsequent requests for adding previous service and pay fixation were also rejected.
Finding of the Court:
The court found that the petitioner's case was similar to the judgment in Alakh Shukla vs. Union of India & Anr., where the appellant was permitted to demit service by the acceptance of his resignation. The court directed the competent authority to issue a formal clearance permitting the petitioner to work as Block Development Officer in the UP Government within a period of four weeks from the date of the judgment.
Issues: The issues involved the denial of NOC/Cadre Clearance, rejection of resignation, and refusal to add previous service and carry out pay fixation.
Ratio Decidendi: The court's decision was influenced by the judgment in Alakh Shukla vs. Union of India & Anr., where the appellant was permitted to demit service by the acceptance of his resignation, leading to the issuance of a formal clearance to work in the UP Government.
Final Decision: The petition was disposed of in terms of the judgment in Alakh Shukla vs. Union of India & Anr., and the competent authority was directed to issue a formal clearance permitting the petitioner to work as Block Development Officer in the UP Government within a period of four weeks from the date of the judgment.
JUDGMENT (oral)
1. Vide the present petition, petitioner prays as under:
a) To quash the impugned order dated 02.09.2022 passed by Respondents based on which the Petitioner was denied grant of NOCI Cadre Clearance, lien on his post in CRPF, service book and thereafter set aside the same including the orders/letters dated 09.02.2022, 03.12.2020, 04.12.2019, 05.07.2018, 30.01.2018, 23.01.2018 and 05.10.2017;
b) To direct the Respondents to grant of NOC/Cadre Clearance in favour of the Petitioner in terms of the judgment dated 25.04.2022 passed by Hon'ble Apex Court in the matter of Alakh Shukla versus Union of India & Anr. bearing Civil Appeal No. 3167 of 2022 and thereafter grant lien on his post in CRPF, service book as well as treat his resignation as technical resignation with all the consequential benefits;
c) To direct the Respondents to add previous service of the Petitioner, rendered in CRPF to his present service of Block Development Officer in the Government of Uttar Pradesh as per the existing orders/instructions on the subject and also to carry out his pay fixation accordingly within a period of two months from the date with which the Petitioner applies for the same.
2. The case of the petitioner is that he joined CRPF on 27.01.2009 as an Assistant Commandant. The petitioner, while serving, applied for the "Combined State/Upper Subordinate Services Examination 2017" conducted by Uttar Pradesh Public Service Commission (UP PSC) as per the terms and conditions published in the Official Advertisement No.A-2/E- 1/2017 dated 22.02.2017 and sought NOC/Cadre Clearance from the authorities to enable him to appear in the exam on 28.02.2017, however, in the meantime, he was promoted to the rank of Deputy Commandant in March, 2017. The abovesaid application seeking NOC was returned by the DIG Range, CRPF, Hyderabad vide his letter dated 30.03.2017. Thereafter petitioner time and again approached the authorities seeking grant of NOC but of no avail.
3. Learned counsel for the petitioner submits that petitioner cleared all the phases of the examination in October, 2019 and was allotted the post of Block Development Officer in UP Government vide his appointment letter dated 17.06.2020. After allotment of the post, petitioner sought personal hearing of respondent no.2 vide his letter dated 20.11.2020, however, the same was also rejected vide DIG (Pers.) Directorate signal dated 03.12.2020. Thereafter, the petitioner tendered his resignation on 04.12.2020 which was accepted by the respondents vide DIG (Pers.) Dte. General, CRPF, New Delhi Signal dated 25.01.2021 and intimated to the petitioner to be SOS w.e.f. 03.02.2021 (AN). The petitioner vide his representation dated 06.07.2021 approached the Commissioner, Rural Development, Government of Uttar Pradesh with a request to add his previous service of the CRPF to his present service as per the existing orders/instructions on the subject and also to carry out his pay fixation, however, the same was returned unactioned vide letter dated 20.09.2021. Being aggrieved, petitioner approached CRPF through DDO, Lucknow vide his letter dated 27.10.2021 to provide his service book, however, the same was also refused.
4. Lastly, the petitioner issued legal notice dated 20.05.2022 to the respondents to issue NOC, lien on his post in CRPF as well as service book to him in terms of judgment dated 25.04.2022 passed by the Hon'ble Supreme Court in the matter of "Alakh Shukla vs. Union of India & Anr.", however, the same was also rejected. Hence, the present petition.
5. On the last date of hearing i.e. on 30.11.2022, counsel appearing on behalf of the petitioner submitted that case of the petitioner is squarely covered by the judgment of the the Hon'ble Supreme Court passed on 25.04.2022 in the case of "Alakh Shukla vs. Union of India & Anr." in Civil Appeal No.3167/2022 (arising out of SLP(C) No.7814/2022).
6. On the other hand, learned counsel appearing on behalf of the respondents, on instruct
