Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Resignation from service voluntary resignation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law : Resignation from service-Letter of withdrawal-Effect of-Employee submitting voluntary resignation to be effective from a given date-Prior to that date employee sending another letter withdrawing the earlier one-Bank accepting the resignation and relieving the employee of its services-Later, employee died-His wife accepting service benefits of her husband-Later she filed a writ petition contending that the order relieving her husband from service was illegal-Prayer allowed by High Court-Held, withdrawal having not been accepted by the Bank, High Court's order not justified. Respondent's husband an employee of appellant-Bank, submitted his resignation on 7.1.2002 requesting its acceptance w.e.f. 1.3.2002. On 4.2.2002 he sought to withdraw the said letter stating that at the time of sending the same he was ill and mentally disturbed. The Bank asked him to- furnish proof of his illness, and stated that if he failed to do so, he would be relieved from service w.e.f. 1.3.2002. The Bank received a letter from the employee on 4.3.2002 reiterating the prayer for acceptance of his resignation. The Bank relieved him from service on 5.3.2002. On 8.6.2002 the employee expired. The respondent accepted the service benefits of her husband. Later, she filed a writ petition before the High Court pleading that her husband continued to be in Bank's service and the order directing that he was relieved from service w.e.f. 5.3.2002 was illegal. The Division Bench of the High Court allowed the writ petition, holding that as the resignation was withdrawn much prior to the stipulated date of its acceptance, the Bank had no legal authority to relieve him. Aggrieved, the Bank filed the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 100 |
Petitioner | Bank Of Patiala |
Respondent | Phoolpati |
SCR | [2005] 2 S.C.R. 345 |
Judgement Date | 2005-02-23 |
Case Number | 1363 |
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