IMPORTANT POINT
The main legal point established in the judgment is that the resignation tendered by the petitioner should be treated as technical resignation, and he is entitled to the entire amount of leave salary and gratuity as provided under the relevant provisions of the Service Rules.

JUDGMENT

1. This writ petition has been filed by the petitioner seeking a writ of mandamus directing the respondents to release the entire amount of leave salary for the un-utilized earned leave of the petitioner as well as the amount of gratuity entitled by him in view of the relevant provisions of Service Rules.

2. Heard Mr. Sh. Athoi, the learned counsel for the petitioner and Mr.S. Vijayanand Sharma, the learned Central Government Standing Counsel for the respondents.

3. The case of the petitioner is that he was initially appointed to the post of Sub-Inspector of Central Reserve Police Force [CRPF] with effect form 19.12.2005 and thereafter, he was promoted to the post of Inspector with effect from 4.10.2009. While, he was working in 2-Signal Battalion, CRPF, he applied for appointment to the post of Officer (Security) of the Gas Authority of India (GAIL) under due process. On 21.11.2016, the office of the Commandant also issued no objection certificate to him and another person for appearing in the recruitment process for the said post. Thereafter, the petitioner appeared in the process and was selected for appointment to the post of Officer (Security). In view of the selection, the petitioner applied for technical resignation from the post of Inspector so that he can join in the new post. The office of the Commandant had also issued an order dated 14.11.2017 accepting the resignation tendered by the petitioner with effect from 20.11.2017 AN. Since the issuance of the order dated 20.11.2017, the petitioner joined his new post and subsequent to the joining of new post, the petitioner applied for gratuity for the services rendered in CRPF.

4. Further case of the petitioner is that the office of the Commandant, vide order dated 10.1.2018, intimated the petitioner that he resigned from his post on his request for which he is not entitled to gratuity as the past services held by him stand forfeited, in view of Rule 26 of CCS (Pension) Rules, 1972. The petitioner also requested for linking up the past services rendered by him in the CRPF, however the same was rejected on 7.8.2018. Thereafter, the petitioner through his counsel issued a legal notice on 15.9.2018 calling upon the respondents to allow him to get the benefit of entire amount of unutilized earned leave for the period of 300 days as the same are due to the leave account of the petitioner and also entire amount of gratuity as authorised under relevant provisions of law.

5. According to the petitioner, the office of the Commandant vide letter dated 22.10.2018 intimated the counsel for the petitioner that the petitioner is not entitled to the claim made by him. According to the petitioner, in view of the office memorandum dated 17.8.2016 of the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, Government of India, the resignation tendered by the petitioner is technical resignation for which he is entitled to the entire amount of earned leave for the unutilized earned leave at his credit. According to the petitioner, he is also entitled to gratuity for the services rendered by him as provided under the Payment of Gratuity Act, 1972. However, the respondent authorities have been denying the same. Hence, the writ petition.

6. The respondents filed affidavit-in-opposition stating that on 25.10.2016, the petitioner submitted an application along with undertaking requesting to issue no objection certificate to appear to the post of Officer (Security) in GAIL that he shall resign from the post held by him in CRPF. After scrutiny, no objection certificate was issued to him on 21.11.2016 on the condition that he will resign from the existing post and will not liable to pay three months' pay and allowances or training charges whichever is higher before leaving the Department unless the post applied for is exempted from payment of pay and allowances/training charges. It is stated that consequent upon the selection to the applied post, the petit