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HIGH COURT OF DELHI
Date of Decision: 01st March, 2023
RAMESH KUMAR ..... Petitioner
Through: Mr. Himanshu Gautam, Advocate.
Through: Ms. Archana Sharma, Sr. Panel Counsel & Mr. Amit Acharya, Govt. Pleader for UOI.
HON'BLE MS. JUSTICE MINI PUSHKARNA
JUDGMENT
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 13:17 Neutral Citation Number: 2023/DHC/001519 W.P.(C) 2591/2023 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 03.08.2017, which is Annexure P-2 in the present petition.
4. The decision, so taken, shall be communicated to the petitioner in writing within three days thereafter.
5. The respondents are further directed to allow the petitioner to appear in the interview which is scheduled to be held on 13.03.2023.
6. It is made clear that mere allowing the petitioner to attend the interview shall not create any equity in favour of the petitioner.
7. Needless to state, if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate forum.
8. Accordingly, the present petition along with pending application is disposed of.
9. Order dasti under the signatures of Court Master. (SURESH KUMAR KAIT) JUDGE (MINI PUSHKARNA)