Service law: Resignation – Pensionary dues – Appellant, Auxiliary Nurse Midwife submitted her resignation, however, withdrew it prior to its acceptance – Subsequently, she was called upon to resume her service but was not allowed to join – Much thereafter an order was passed accepting her resignation – High Court set aside the said order and directed that the appellant was entitled to all consequential benefits – However, the Division Bench modified the order of Single Judge to the extent that the appellant was held not to be entitled to any benefits for the period for which the resignation was in force – On appeal, held: Expression “for the period for which resignation was in force” could not be stretched to a date after the resignation had been withdrawn, before it came into force – It was not open to the State to continue passing successive order of this nature once the dispute over the period of resignation and the manner in which the resignation had to be treated had attained finality – Appellant not entitled to any consequential benefits only for the period between the date of submission her resignation to the date she withdrew her resignation – Appellant has completed
24 years 10 months and 5 days of pensionable service, thus, should be treated to have completed the minimum pensionable service of
25 years – Pensionary dues payable to the appellant to be computed on that basis regardless of any order passed by the State government.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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