N.S. PADMANABHAN Vs. NATIONAL INSTITUTE OF IMMUNOLOGY

JUDGEMENT

(1.) Petitioner, who was the Controller of Administration in respondent No.1-Institute, had tendered his resignation of 31st March, 2017 due to personal reasons. Since petitioner had requested in the resignation letter of 31st March, 2017 (Annexure P-11 colly.) that he be relieved on 31st March, 2017 itself while seeking waiver of the notice period and if it is not possible, then the same be adjusted against his earned leave standing to his credit.

(2.) First respondent claims that petitioner's resignation letter was accepted on 1st April, 2017 and a direction was issued to furnish "No Dues Certificate" to petitioner and to other departments. "No Dues Certificate" was sent to petitioner vide Email on 1st April, 2017 itself.

(3.) On 4th April, 2017 at 4 P.M., petitioner had sent an Email to Director of respondent No.1-Institute stating that the resignation letter was tendered under extreme pressure from the Secretary of Department of Bio-Technology i.e. respondent No.2, as petitioner was not agreeing to settle undue payments to respondent No.4 without recovering payment of Non-Practicing Allowance (hereinafter referred to as NPA). It is stated in this Email (Annexure P-4) seeking withdrawal of resignation, that petitioner had decided not to succumb to such pressure and to face the consequences and had therefore sought withdrawal of resignation. Petitioner had made it clear in this Email (Annexure P-4) that he has not been relieved by respondent No.1-Institute.