DR H S DHARAMSHAKTU vs UNION OF INDIA & ORS.

Judgment text excerpt

$~198 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 12.05.2026 + W.P.(C) 778/2026 DR H S DHARAMSHAKTU .....Petitioner Through: Mr. Ram Naresh Yadav and Mr. Sarvesh Kumar Yadav, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Neeraj, SPC along with Mr. Ravi Mittal, GP, Mr. Soumyadip Chakraborty, Adv. and Mr. Sandeep Choudhary DC and Mr. Devendra Singh, DC. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN J U D G M E N T (ORAL) ANIL KSHETARPAL, J.: 1. By way of the present Petition, the Petitioner seeks issuance of a writ in the nature of Certiorari for quashing of orders dated 06.12.2004, 29.03.2023, and 18.11.2024 passed by the Respondent- Indo Tibetan Border Police Force [„ITBP‟], whereby the period from 19.12.1995 to 08.09.1999 has been treated as “dies-non” for all purposes including pensionary benefits, and for consequential directions for regularization of the said period as study leave/leave kind due/leave without pay and for counting the service rendered by the petitioner under the U.P. Government during the period Signature Not Verified Signed By:JAI NARAYAN Signing Date:14.05.2026 W.P.(C) 778/2026 Page 1 of 11 16:43:41 01.07.1998 to 06.09.1999 as qualifying service under Rule 27 of the CCS (Pension) Rules, 1972. FACTUAL MATRIX 2. In order to appreciate the controversy involved in the present Petition, the relevant facts, in brief, are required to be noticed. 3. The Petitioner was appointed as a Medical Officer in the ITBP on 29.11.1995 and joined service on 04.12.1995. It is not in dispute that within a short span of approximately fifteen (15) days, i.e., on 19.12.1995, the Petitioner tendered his resignation and proceeded to pursue post-graduate medical studies without waiting for acceptance of the sa