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SURESH KUMAR KAIT, MINI PUSHKARNA
Ramesh Kumar – Appellant
Versus
Union of India – Respondent
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.
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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