NDLI: M/s. New Victoria Mills & Ors. Vs. Shrikant Arya

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law – Resignation
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law – Resignation – When not conditional – Modified Voluntary Retirement Scheme – Respondent submitted resignation under the Scheme vide letter dtd. 12.07.02 – On 03.03.2003, the respondent requested that his application under the Scheme be kept suspended – Vide letter dtd. 01.07.03, the respondent requested that his letter dtd. 12.07.02 be treated as having been cancelled because he had changed his mind about submitting resignation under the Scheme – However, the resignation was accepted and the respondent was to be relieved accordingly – Challenged by respondent – Single Judge ruled in favour of the respondent – Order upheld by Division Bench – On appeal, held: Resignation of the respondent had already been accepted on 28.05.03 before he endeavoured to withdraw the same – Right of a person whose resignation has been accepted was to receive inter alia the benefit of the provident fund amount as one of the terminal benefits under the Scheme – The fact that there was some discrepancy on account of the description of the name in the account for which there was some prior communication also, will not imply that any delay in disbursement of the provident fund amount would entitle the respondent to withdraw his resignation – Resignation was not a conditional resignation – Letter dtd. 03.03.2003 cannot be construed as a letter of withdrawal of resignation – All that it stated was that the resignation be “kept suspended” till the amount is deposited in his provident fund account – Further, acceptance of resignation and the abolition of the post were simultaneous exercises – Once the letter of resignation was accepted on 28.05.03, the post stood abolished – Respondent cannot take advantage of the postponement of the cut-off date by a few days – Also, mere delay in relieving the respondent from duties would not impact the acceptance of his resignation – Impugned order set aside.
Judge	Hon'ble Mr. Justice Sanjay Kishan Kaul
Neutral Citation	2021 INSC 552
Petitioner	M/s. New Victoria Mills & Ors.
Respondent	Shrikant Arya
SCR	[2021] 11 S.C.R. 750
Judgement Date	2021-09-27
Case Number	5685

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M/s. New Victoria Mills & Ors. Vs. Shrikant Arya

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