LAWS(MAD)-2019-7-7

P.PERIYASAMY Vs. CHIEF ENGINEER

Decided On July 15, 2019
P.PERIYASAMY Appellant
V/S
CHIEF ENGINEER Respondents

JUDGEMENT

(1.) The relief sought for in the present writ petition is to quash the order of acceptance of resignation dated 11.02.1994, passed by the first respondent and to direct the respondents to consider the representation submitted by the writ petitioner on 30.03.2015 to treat the letter of resignation as voluntary retirement and to disburse all the attendant benefits.

(2.) The writ petitioner was appointed as R.W.S.Overseer on 08.08.1959. He was promoted as M.I.Overseer with effect from 19.03.1960 and thereafter, promoted to the post of Union Engineer with effect from 31.03.1972. While the writ petitioner was working as Union Engineer, at Alwarthirunagari Union, due to personal reasons, he resigned his job on 09.11.1974. The writ petitioner offered his letter of resignation and remained absent from duty. The writ petitioner submitted the letter of resignation and thereafter, not attended the duty. The very conduct of the writ petitioner in this regard is in violation of the service rules in force.

(3.) An employee on submitting a letter of resignation is bound to wait till the letter of resignation is accepted or rejected by the authority competent with reference to the rules in force. In the event of not passing any orders by the authority competent, the deemed clause will come into force and accordingly, the resignation submitted is deemed to have been accepted for all purposes on expiry of the period of notice of three months. This being the procedures to be followed, the writ petitioner, after submitting his resignation letter, left his job.