B.P. HARGULAB SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant while working as Technician -II at Rail Wheel Factory, Bangalore, submitted his resignation from service vide Annexure -A/2 dated 4.4.2008. In the said letter of resignation, he cited his mother's ill health and his personal problems as reasons for submitting the resignation. The Competent Authority accepted the said resignation vide Annexure -A/3 Memorandum dated 2.6.2008 and stated that the applicant has been relieved from Railway Service w.e.f. 17.5.2008 i.e. from the date of approval of resignation by the Competent Authority. Vide Annexure -A/4 dated 5.7.2008, the wife of the applicant made an application seeking to withdraw the resignation of her husband and to permit the applicant to serve in Railways, stating that her husband was disturbed at the time of submitting his resignation due to his mental ill health and due to other problems of the family. The respondents rejected the said request of the applicant's wife to withdraw the resignation of her husband vide Annexure -A/5 dated 22.7.2008, stating that application for withdrawal of resignation should be submitted by the ex -employee and the period of resumption to duty from the date of resignation should not exceed 90 days.

(2.) THE applicant himself made an application vide Annexure -A/7 dated 15.7.2009, seeking withdrawal of his resignation and requesting to re -appoint him in service. The respondents vide Annexure -A/8 dated 31.7.2009, rejected the request of the applicant by stating that the request for withdrawal of resignation has not been received within 90 days from the date of acceptance. The subsequent representations made by the applicant were finally rejected by the respondent Railway Board vide Annexure -A/15 dated 20.7.2011. The relevant para of the said order reads as follows:

(3.) MR . Izzhar Ahmed, the learned Counsel for the applicant, inter alia, raised the following grounds in support of the O.A. averments: