Facts
The Appellant, a Management Trainee (Finance and Accounts) who joined Respondent No. 1 on 03.11.2022, resigned from his position on 19.05.2023 (backdated to 18.05.2023) while on probation
Source reference: p. 3, 6After nearly one year, on 04.04.2024, the Appellant alleged he was forced to resign due to workplace harassment and discrimination
Source reference: p. 3, 6He filed a complaint with the National Commission for Scheduled Caste (NCSC), which was dismissed on 08.11.2024 for lack of merit
Source reference: p. 3, 6The Appellant then filed a Writ Petition [W.P.(C) 13076/2025] seeking reinstatement and back wages, which was dismissed by a Single Judge on 27.08.2025
Source reference: p. 2The Appellant preferred this intra-court appeal (LPA) challenging that dismissal.
Source reference: no citationIssues
Whether the Appellant’s resignation was voluntary or obtained under duress/coercion amounting to constructive dismissal.
Source reference: p. 4, 7Whether the Appellant was entitled to reinstatement through a Writ of Mandamus despite not challenging the NCSC order and failing to raise timely grievances.
Source reference: p. 6, 7Law Applied
The Court applied the principles governing the issuance of a Writ of Mandamus under Article 226 of the Constitution of India, which requires a clear legal right and a corresponding failure of public duty
Source reference: p. 7It also relied on the doctrine of "acquiescence and delay," where a failure to protest at the first available opportunity—such as during the notice period—undermines allegations of coercion
Source reference: p. 6Furthermore, the court adhered to the principle of res judicata or finality of administrative orders, noting that a party cannot seek identical relief in a Writ Petition if they have failed to challenge a specific adverse order from a constitutional body like the NCSC
Source reference: p. 7Reasoning
The Court observed that the Appellant served a one-month notice period following his resignation but failed to raise any allegations of harassment or "forced resignation" during that time
Source reference: p. 6The first formal complaint was lodged nearly a year after his exit, which the court deemed an "afterthought" lacking evidentiary support
Source reference: p. 7The Court highlighted that the Appellant’s claims regarding compromised mental health were not substantiated by medical or documentary evidence
Source reference: p. 7Crucially, the Court noted that the Appellant did not challenge the NCSC’s order dated 08.11.2024, which had already found his case meritless; thus, he could not reopen the same grievances through a Writ Petition
Source reference: p. 6, 7Since the Appellant resigned during his probation and no evidence of coercion existed, the Court found no procedural lapse or illegal termination by the Respondents
Source reference: p. 7Holding
The Court dismissed the Appeal, holding that the resignation was voluntary and no grounds existed to issue a Writ of Mandamus for reinstatement
The bench affirmed the Single Judge's decision, noting that the Appellant was not entitled to reopen settled grievances without challenging the NCSC order or providing credible evidence of harassment
Source reference: p. 6, 7The Appeal was dismissed with no order as to costs
Source reference: p. 7Original Court PDF
Ajay Kumar Lakhiwal v. HSCC India Ltd. & Anr. [LPA 758/2025]
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