Badanapuri Sudhakar S/O Yoseph v. The Union Of India

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.7671 OF 2016 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:

"to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent not accepting to withdraw the petitioner resignation for delay of 15 days as contemplated in Sub-Rule 4(iii) of Rule 26 of CCS (Pension) Rules, 1972, is highly arbitrary, illegal and unconstitutional and set aside the same and pass such other and further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. Heard Sri Narinderpal Singh, learned counsel, appearing for the petitioner and Sri B.Narayana Reddy, learned Assistant Solicitor General, appearing for the respondents.

3. During the course of hearing, it is submitted by learned counsel for the petitioner that for redressal of the grievance of the petitioner, petitioner herein may be permitted to submit a representation to the Union of India and the same may be directed to be disposed of by the 1st respondent, in accordance with law, by fixing some timeframe.

4. Recording the said submission, Writ Petition stands disposed of, keeping it open for the petitioner herein to submit necessary application before the 1st respondent, for redressal of his grievance, within a period of one month from the date of receipt of a copy of this order and if any such application is filed within the time stipulated, the same shall be considered and appropriate orders be passed, in accordance with law, within a period of two months from thereafter.

5. Miscellaneous petitions pending consideration, if any, in the Writ Petition shall stand closed in consequence. No order as to costs. __________________ A.V.SESHA SAI, J 10.03.2016 SS