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.