SANTOSHKUMAR SINGH S/O JAGNARAYAN SINGH v. UNION OF INDIA, THR. ITS SECRETARY, HOME DEPARTMENT, NEW DELHI AND OTHERS
WP/1895/2023 · 2026-09-10
body2023
DailyLaw.ai
[ 2023 DAILYLAW 3199 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 3199 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
7.WP.1895.2023 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1895 OF 2023 Santoshkumar Singh S/o. Jagnarayan Singh Vs. Union of India & Ors. ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, Appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Mr. I.N. Choudhari, Advocate for the Petitioner. Mr. C.J. Dhumane, Advocate for the Respondents. ------------------------------- CORAM : URMILA JOSHI-PHALKE AND R
AJ D.
WAKODE
, JJ. DATE : 10.09.2026 By this petition, the petitioner seeks a direction to the respondents to release the difference in the amount of earned leave, half-pay leave, service gratuity, retiring gratuity and other benefits, along with interest at the rate of 18% per annum. 2. Heard learned counsel for the petitioner, who submitted that the petitioner was appointed as a Head Constable (Radio Operator) in the respondent-CRPF on 12.06.2003. In the year 2007, i.e. on 23.02.2007, he was appointed to the post of Sub- Inspector in the respondent-department. In November, 2011, he applied for the post of Sub-Inspector in Bharat Heavy Electricals Limited, Tamil Nadu. The petitioner joined the post of Sub-Inspector in BHEL at Trichy and was posted at Lakhani, District Bhandara, on 14.06.2012. 3. Respondent No.5 issued a communication to the petitioner informing him that he was not required to refund the salary and other allowances, as his resignation was treated as a technical resignation and his services were treated as having 2026:BHC-NAG:12109-DB
7.WP.1895.2023 2/3 continued. On 27.12.2013, respondent No.5 further sought clarification regarding the grant of post-terminal benefits to the petitioner on 28.03.2014. 4. On 01.07.2014, respondent No.5 issued a letter to the petitioner informing him that the technical resignation had been wrongly issued to the petitioner and that recovery of Rs.1,12,557/- towards three months’ salary and allowances was proposed. Thereafter, the petitioner made a representation on 15.07.2014, requesting that his case be considered as one of technical resignation and that he be exempted from the alleged recovery. 5. Respondent No.5 thereafter issued a letter to BHEL informing it that the petitioner was required to deposit an amount of Rs.1,12,557/- with the said office. The said communication was challenged by the petitioner in Writ Petition No.950 of 2016. Subsequently, Writ Petition No.8129 of 2017 was also filed, which was decided by this Court, and the respondents were directed not to recover the said amount from the petitioner. 6.
It is the contention of the petitioner that respondent No.5 has still not released various amounts which are due to him on account of his technical resignation and, therefore, he submitted a representation. The representation of the petitioner was considered and a communication was issued to him on
01.03.2021. Thereafter, the petitioner submitted his grievance on the grievance portal, which is still pending and has not been decided. 7.WP.1895.2023 3/3
7. On perusal of the communication dated 21.11.2019, it is seen that the amount towards leave encashment due to the petitioner was Rs.51,295/-, as reflected at record page No.108, whereas the communication dated 01.03.2021 discloses that various dues have already been paid to the petitioner. However, towards leave encashment, the amount shown is Rs.46,093/-. Thus, apparently, there appears to be some difference in the amount due to the petitioner. 8. Therefore, considering that the grievance raised by the petitioner on the grievance portal is pending and has not been decided by respondent No.2, it would be appropriate to direct respondent No.2 to decide the said grievance of the petitioner within a period of four weeks. 9. Accordingly, we dispose of the present petition with a direction to respondent No.2 to decide the grievance raised by the petitioner within a period of four weeks from today. 10. Similarly, respondent No.2 shall treat the present writ petition as a representation of the petitioner. The petitioner shall appear before respondent No.2 on 30th September, 2026, along with a copy of the writ petition, and submit the same before respondent No.2. 11. With this, the petition is disposed of. No costs. (RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 11/09/2026 18:02:42