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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Mini Pushkarna, JJ.
Ramesh Kumar – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 2591 of 2023 & CM APPL. 9950 of 2023
Decided On : 01-03-2023
NOC - Employment Dispute - The court directed the respondent to grant a decision for NOC within two weeks based on the Guidelines dated 03.08.2017 and allowed the petitioner to appear in an interview scheduled for a specific date.
Fact of the Case:
The petitioner sought relief for the acceptance of resignation, permission to join another service, and release of consequential benefits based on the Guidelines dated 03.08.2017. The respondents declined to grant NOC without considering the guidelines.
Finding of the Court:
The court disposed of the petition by directing the respondents to make a decision for NOC within two weeks, communicate the decision to the petitioner, and allow the petitioner to attend a scheduled interview. The court emphasized that attending the interview would not create any equity in favor of the petitioner and allowed the petitioner to challenge the decision before the appropriate forum if still aggrieved.
Issues: The issues involved the refusal of the respondents to grant NOC to the petitioner in accordance with the Guidelines dated 03.08.2017 and the urgency in the petition.
Ratio Decidendi: The court's decision was based on the urgency of the petition and the non-compliance of the respondents with the Guidelines dated 03.08.2017 in refusing to grant NOC to the petitioner.
Final Decision: The court directed the respondents to make a decision for NOC within two weeks, communicate the decision to the petitioner, and allow the petitioner to attend a scheduled interview, while emphasizing that attending the interview would not create any equity in favor of the petitioner. The petition was disposed of, allowing the petitioner to challenge the decision before the appropriate forum if still aggrieved.
JUDGMENT (Oral)
1. Vide the present petition, the petitioner is seeking following reliefs:
"a.) Issue a writ, order or direction in the nature of Mandamus directing the Respondent to accept the Technical Resignation dated 13.02.2023 of the Petitioner with all consequential benefits in a time bound manner;
b.) Issue a writ, order or direction in the nature of Mandamus directing the Respondent to permit the Petitioner to join the service at Pay Level I with the Ministry of Railways;
c.) Issue a writ order or direction in the nature of mandamus directing the Respondents to release the benefits accruing to Petitioner subsequent to his resignation from service in a time bound manner.
2. The present petition has been filed based upon the Guidelines dated 03.08.2017 issued by the Coast Guard Headquarters for Grant of NOC for Job Outside Coast Guard, however, the respondents have declined to grant NOC to the petitioner without taking into consideration the Guidelines dated 03.08.2017.
3. Keeping in view the urgency in the petition, we hereby dispose of the present petition directing the respondents to take a decision for grant of NOC within two weeks in terms of the Guidelines dated 03.08.2017, which is Annexure P-2 in the present petition.
4. The decision, so taken, shall be communicated to the petitioner in writing within three days thereafter.
5. The respondents are further directed to allow the petitioner to appear in the interview which is scheduled to be held on 13.03.2023.
6. It is made clear that mere allowing the petitioner to attend the interview shall not create any equity in favour of the petitioner.
7. Needless to state, if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate forum.
8. Accordingly, the present petition along with pending application is disposed of.
9. Order dasti under the signatures of Court Master.
The court emphasized the importance of complying with the Guidelines dated 03.08.2017 in the decision-making process and allowed the petitioner to challenge the decision before the appropriate forum ....
The main legal point established in the judgment is that a confirmed member of the Coast Guard should not be denied an NOC based on probation in the next rank, and the decision should be in accordanc....
Timely consideration and decision on resignation requests by military personnel.
The main legal point established in the judgment is the requirement to consider specific rules and previous judgments when making decisions regarding No Objection Certificates for outside employment ....
Resignation is a fundamental right of an employee and cannot be denied by the employer on grounds of staff shortage or operational exigencies unless disciplinary proceedings are pending or specific c....
The court emphasized the requirement for reasoned orders in decisions regarding the petitioner's request for resignation and discharge from service.
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