Voluntary Resignation and Withdrawal of Termination Order by Mutual Consent Renders Challenge to Contractual Termination Infructuous.

The Applicant, a Project Engineer at the Centre for Development of Advanced Computing (C-DAC), Noida, filed an Original Application (OA) under Section 19 of the Administrative Tribunals Act, 1985

He challenged an impugned termination order dated 10.03.2026, which sought to end his contractual services effective 23.04.2026

The Applicant sought reinstatement, continuity of service, and an extension of his tenure similar to other situated persons

During the hearing for interim relief, the respondents (C-DAC) proposed a settlement whereby the Applicant would resign voluntarily in exchange for the withdrawal of the termination order and the issuance of a clean experience certificate

1. Whether the termination order dated 10.03.2026 should be set aside and replaced by a voluntary resignation process to protect the Applicant’s future employment prospects?

2. Whether the Applicant is entitled to arrears of salary and an experience certificate upon the cessation of his contractual employment?

Section 19 of the Administrative Tribunals Act, 1985, which governs the adjudication of disputes regarding the service conditions of persons appointed to public services.

Principle of judicial settlement and consent orders, where a dispute is resolved based on mutually agreed-upon terms between the employer and the employee to avoid further litigation.

The Tribunal did not conduct a full merit-based review of the termination's legality because the parties reached a settlement during the proceedings.

The Counsel for C-DAC (Respondents 2-4) offered a five-point compromise: the Applicant would resign within three days; the Respondents would accept the resignation and simultaneously withdraw the impugned termination order

This analysis shifts the termination from a punitive/involuntary action to a voluntary separation, thereby preserving the Applicant's eligibility for future selection processes

The court ensured that the Applicant’s right to earned wages and proof of service was protected by directing payment of admissible salary and the issuance of a "satisfactorily working" experience certificate within ten days of relieving

The Applicant, present in person, consented to these terms

The Court held that both parties are bound by the following directions: (1) The Applicant shall resign within three days; (2) The Respondents shall withdraw the termination order dated 10.03.2026 and relieve him within two days of the request; (3) The Applicant remains eligible for future recruitment based on merit; (4) Admissible salary must be paid within ten days of relieving; and (5) A certificate of satisfactory experience must be issued within the same ten-day period

No order was made as to costs