SABAREESWARAN Vs. DIRECTOR

JUDGEMENT

(1.) This writ petition has been filed challenging the impugned relieving order dtd. 5/1/2022, issued by the respondent " " Institute, relieving the petitioner from service, based on the alleged resignation letter said to have been submitted by the petitioner.

(2.) The grievance of the petitioner is that arbitrarily, the respondent issued the impugned relieving order relieving him from service. According to the petitioner, he was working as an Attender in the respondent " " Institute and due to family circumstances, on account of depression, and due to the compulsion of the officials of the respondent " " Institute, he was forced to submit a resignation letter on 5/1/2022. But, on the very same date, his resignation has been accepted by the respondent and the impugned relieving order dtd. 5/1/2022 came to be issued. According to the petitioner, immediately thereafter, on 6/1/2022, he has sent a letter to the respondent " " Institute requesting them to cancel the impugned relieving order as he has withdrawn his resignation.

(3.) Learned counsel for the petitioner drew the attention of this Court to the Service Rules applicable to the respondent " " Institute and would submit that as per Clause 18(1) of the Service Rules, an employee may resign his / her post by giving three months notice in writing to the Director. He would also submit that as per the Clause 18(3), the resignation of an employee shall not be accepted, if it has been withdrawn by him / her before the orders accepting the resignation are actually issued. Contrary to the same, the respondent has issued the impugned relieving order relieving the petitioner from service on the very same day of the petitioner's resignation and therefore, the impugned relieving order is arbitrary and illegal.