T.NEELAVATHI Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order made in C.No.A3/7795/05 in BO 516/05, dated 27.07.2005 passed by the 2nd respondent and quash the same and consequently, direct the respondents to reinstate the petitioner with continuity of service by considering the petitioner's representations dated 15.04.2007 and 18.12.2014.

(2.) Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. By consent, the writ petition is taken up for final disposal.

(3.) The case of the petitioner is that the petitioner was appointed as Grade II Police Constable on 18.02.2003 as per the appointment order issued by the 2nd respondent. After completion of the training period, the petitioner was inducted to F Company of the Tamil Nadu Special Police (TSP), Battalion IV and completed her probation period and got regularized. While she was serving in the TSP, IV Battalion, due to family problem, she inadvertently submitted her resignation dated 03.06.2005 to the 2nd respondent. The 2nd respondent had also issued a memo in C.No.A3/7795/05, dated 08.06.2005 by directing the petitioner to give an undertaking that she will not claim any past departmental rights and consequential benefits in future. Accordingly, she gave an undertaking. Thereafter, on 27.07.2005, the 2nd respondent has passed an order in which the petitioner's resignation was accepted and was relieved on 06.08.2005. Thereafter, the petitioner has realized her mistake after relieving from the family problems and has submitted a representation to the 1st respondent on 15.04.2007 for withdrawing her earlier resignation. She also submitted a petition to the Chief Minister Grievance Cell on 22.11.2007 and also sent a reminder on 23.09.2008. The said petition was forwarded to the 2nd respondent for consideration on 13.11.2008. Eventhough the petitioner had resigned her job on 03.06.2005 and the same was accepted on 27.07.2005 within 53 days from the date of receipt of the resignation letter and she was relieved on 06.08.2005, she immediately gave a letter withdrawing her resignation on 15.04.2007. The period of three months notice shall be reckoning from the date of receipt of such notice by the appointing authority. However, the 2nd respondent passed an impugned order rejecting the claim made by the petitioner on 03.06.2005, against which this writ petition is filed.