A member of the Border Security Force must obtain prior written permission to submit a resignation application; failure to do so renders the resignation invalid.

JUDGMENT & ORDER :

N. Unni Krishnan Nair, J.

Heard Mr. Hareesh Gupta, learned CGC, appearing on behalf of the appellants. Also heard Mr. Rajesh Mazumdar, learned counsel appearing on behalf of the respondent.

2. The present intra-Court appeal is instituted by the appellants, assailing the judgment & order, dated 17.08.2023, passed by the learned Single Judge in WP(c)2626/2011, allowing the writ petition filed by the respondent, herein, by interfering with the acceptance of the resignation submitted by the respondent on 08.04.2003, and further, directing that the respondent be deemed to have continued in service till the date of the judgment & order and be permitted to go on voluntary retirement from service w.e.f. 18.08.2023, with all consequential benefits, as directed.

3. The respondent, herein, had submitted a resignation letter, on 08.04.2003, before the Commandant, 128 Battalion, Border Security Force, praying for resigning from his job voluntarily on account of some domestic problems faced by him. The said resignation letter, on being processed, came to be accepted by the Commandant, vide order, dated 25.04.2003, w.e.f. 30.04.2003. Accordingly, the respondent was permitted to proceed on resignation from service without pensionary benefits and his name was struck-off of the strength of the Unit w.e.f. 30.04.2003. After lapse of around a year from the date of acceptance of the resignation application submitted by the respondent, herein, he had approached the learned Civil Judge(Junior Division), Gurdaspur, Punjab, by way of instituting a civil suit being Civil Case No. 372/2004, assailing the action on the part of the authorities in accepting the application for resignation submitted by him on the ground that the same was not an application voluntarily made by him but the same was so extracted from him by use of force which would have the effect of rendering the same null and void.

4. The learned Civil Judge(Junior Division), Gurdaspur, Punjab, vide judgment, dated 18.09.2007, by holding that the resignation application submitted by the respondent, herein, was not proved by the appellants, herein, to be a voluntary one; proceeded to declare the order, dated 30.04.2003, to be null and void and the appellants, herein, were directed to allow the respondent, herein, to get the voluntary retirement benefits as per rules.

5. The appellants, herein, being aggrieved; assailed the judgment, dated 18.09.2007, passed by the learned Civil Judge(Junior Division), Gurdaspur, Punjab, by way of instituting a civil appeal being Civil Appeal No. 21/2008, before the Court of the learned District Judge, Gurdaspur, Punjab. The learned District Judge, Gurdaspur, Punjab, vide order, dated 03.08.2009, noticing that the respondent, herein, at the relevant point of time, when the order, dated 30.04.2003, was issued, accepting his resignation; was posted at Patgaon, Guwahati, Assam, and the order was served at Patgaon, Guwahati, Assam, held that no cause of action in the matter having arisen within the territorial jurisdiction of the trial Court, proceeded to set aside the impugned judgment & decree, dated 18.09.2007, passed by the learned Civil Judge(Junior Division), Gurdaspur, Punjab, and remitted back the matter to the learned trial Court with a direction to return the plaint in terms of the provisions of Rule 10 Order VII of the Code of Civil Procedure, 1908.

6. Being aggrieved, the respondent, herein, approached the Punjab & Haryana High Court by instituting a writ petition being Civil Writ petition No. 14888/2010. The Hon'ble Court, vide order, dated 20.08.2010, proceeded to dismiss the said writ petition, holding that it did not have the jurisdiction to entertain the issue involved. Thereafter, the respondent, herein, had instituted approached this Court by way of instituting a writ petition being WP(c)2626/2011.

7. The learned Single Judge upon hearing the learned counsels appearing for the parties and on perusal of the materials available on recor