ASHOK KUMAR BHILWARIA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the petitioner questioning the action of the respondent no.1/erstwhile employer in not accepting his withdrawal of resignation but instead bringing about the termination of services of the petitioner w.e.f 15.5.1995 in the respondent-corporation pursuant to acceptance of the request made for resignation by means of the order dated 23.3.1995 of the respondent no.2/erstwhile employer.

(2.) Before me, it is argued essentially that though the petitioner applied for resignation by his communication dated 1.3.1995, and which was accepted by the order dated 23.3.1995 of the respondent no.2 making the date of relieving as 15.5.1995, however, petitioner before the relieving date of 15.5.1995 withdrew his request for resignation in terms of his communications dated 12.5.1995 and 15.5.1995 and that such withdrawal is argued to be permitted in terms of paragraph 3 of the office memorandum of the respondent no.2 dated 11.2.1988. This para 3 reads as under:-

(3.) Counsel for the respondent nos.1 to 3 argues in response that even though as per the aforesaid para 3 the request for resignation can be withdrawn prior to the date fixed for relieving of an employee, however in this case petitioner is barred by the principle of estoppel in seeking to enforce his withdrawal of resignation and challenging the acceptance of his resignation because the petitioner not only did not join the services of the respondent no.2-organization after 15.5.1995 and instead joined the subsequent employer-IREDA. It is argued that not only the petitioner left the services of respondent no.2, but the petitioner in terms of his subsequent letters after 15.5.1995 in fact received various monetary benefits only payable pursuant to his services with the respondent no.2 coming to an end. These monetary benefits received were gratuity, leave encashment etc. Reliance for the application of principle of estoppel is placed upon the judgment delivered by this Court in the case of R. Kothandaraman Vs. The Speaker, Lok Sabha Secretariat and Anr. W.P.(C) 7132/2009 decided on 10.1.2013.