IN THE HIGH COURT OF DELHI AT NEW DELHI
SHISHIR PRIYADARSHI – Appellant
Versus
UNION OF INDIA AND ANR – Respondent
INTRODUCTION:
1. The Petitioner, by way of the present Petition filed under Article 226 of the Constitution of India, seeks the issuance of a Writ in the nature of Certiorari to quash the final order dated 15.10.2025 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi [hereinafter referred to as ‘CAT’] in O.A. Nos.490/2016 and 497/2016.
2. With the consent of learned counsel representing the parties, two connected Writ Petitions involving an identical issue shall stand disposed of by this common order. In fact, the CAT also disposed of two O.As by a common order vide treating the case of Shishir Priyadarshi as the lead case.
3. The central question which arises for consideration is whether the Petitioners can be held to have validly sought voluntary retirement under Rule 16(2) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, so as to defeat the action taken by the Respondents under Rule 7(2)(c) of the All India Services (Leave) Rules, 1955 declaring them as deemed to have resigned from service on account of prolonged unauthorized absence. This is in light of the fact that Shishir Priyadarshi and Atul Bagai were absent from their r
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