RANCHI, India, Sept. 24 -- Jharkhand High Court issued the following order on Aug. 25:
1. Heard Mr. Amit Kumar Das, learned counsel for the appellants and Mr. Pandey Neeraj Rai, learned counsel appearing for the respondent.
2. This Latest Patent Appeal is directed against the order dated 08-02-2013 passed by the learned Single Judge in W.P.(S) No. 5388 of 2006 whereby and whereunder, the writ application preferred by the respondent herein for recall of his letter of resignation has been allowed.
3. The facts in brief are that writ petitioner was initially appointed in the Central Coalfields Limited on 13-11-1993 and was posted as Trainee Category-I. During the period of training, the writ petitioner was directed by the Office of the Project Office, Kathara to join his duties in the project as Assistant Surveyor (Unqualified) in Grade 'D' with effect from 09-11-1996 and consequent to the same, the writ petitioner gave his joining in Kathara Colliery. The writ petitioner was transferred vide order dated 10-01-2000 and he had given his joining as Assistant Surveyor in C.G.M. Office (B & K), Kargali. The writ petitioner in the meantime, was suffering from depression and psychological problems and was diagnosed of "Severe Depressive Psychosis". On account of the mental illness being suffered by the writ petitioner, he had sent a letter dated 16-07-2003 addressed to the Director (Personnel), Central Coalfields Ltd. expressing his desire to resign from the company and also requested for acceptance of his resignation and clearance of his dues. As soon as the said fact came to the notice of the family members and dependents of the writ petitioner, the wife of the writ petitioner made a representation under certificate of posting dated 11-08- 2003 to the Director (Personnel), C.C.L. with a request not to accept the resignation. This was followed up by a reminder dated 03-10-2003. However, the resignation of the writ petitioner was accepted with effect from 16-10-2003 (forenoon). The wife of the writ petitioner made representation citing the ongoing treatment of her husband and the writ petitioner had also made representation wherein his mental status has been given as the reason for his inclination in submitting his resignation. The writ petitioner was communicated a letter dated 15-04-2004 in which the request for withdrawal of the resignation by the writ petitioner was regretted. An appeal to the Chairman, Coal India Ltd. followed, but since the same was not acted upon, the writ petitioner had moved this Court for redressal of his grievance in W.P.(S) No. 5388 of 2006 which was allowed vide order dated 08- 02-2013 and which has been challenged by Central Coalfields Ltd. in the present Letters Patent Appeal.
4. It has been submitted by Mr. Amit Kumar Das, learned counsel for the appellants that once the resignation has been accepted, there cannot be any scope of reconsideration and consequent withdrawal of the resignation. Mr. Das has stressed much on the mode of communication of withdrawal of the resignation and the same was sent under certificate of posting and the reliability of such communication is always shrouded in doubt.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=T2Oj5Y97nX2tmju2FyqIU6tlof7ZvBiuA4zBhEOb1rWbvFkqjjKpMeCni1fM5kGV&caseno=LPA/164/2013&cCode=1&cino=JHHC010208292013&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
