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M/S. NEW VICTORIA MILLS & ORS. vs. SHRIKANT ARYA

SCR Citation: [2021] 11 S.C.R. 750
Year/Volume: 2021/ Volume 11
Date of Judgment: 27 September 2021
Petitioner: M/S. NEW VICTORIA MILLS & ORS.
Disposal Nature: Appeal Allowed
Neutral Citation: 2021 INSC 552
Judgment Delivered by: Hon'ble Mr. Justice Sanjay Kishan Kaul
Respondent: SHRIKANT ARYA
Case Type: CIVIL APPEAL /5685/2021
Order/Judgment: Judgment
1. 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.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Service Law – Resignation
5. Equivalent citation
    Citation(s) 2021 AIR 4635 = 2021 (11) SCALE 389