SHAHJAHAN SALEEM Vs. ASSAM STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Whether the letter dated 11-03-97 submitted by the writ petitioner is an offer of voluntary retirement or one of resignation is the moot question that would call for an answer from the Court in the present writ application. The validity of the office order dated 29th March, 1997 accepting the offer of relinquishment of service by the petitioner as an act of resignation would depend on the answer that the Court would provide to the question posed.

(2.) The petitioner, at the relevant point of time, was serving as an Assistant Executive Engineer in the Assam State Electricity Board. He was granted Earned Leave for 90 days with effect from 25-01-96 to 23-04-96. However, the earned leave sanctioned for the period from 04-04-96 to 23-04-96 was cancelled by the authority and thereafter, the petitioner submitted a letter dated 11-03-97 stating that he is tendering his resignation with effect from the date the leave was not granted and that the said resignation may be accepted immediately. In the letter dated 11-03-97 against the subject, however, the words 'voluntary retirement' were mentioned. The Personnel Manager of the Board by an office order dated 29-03-97 accepted the resignation of the petitioner with effect from 04-04-96. Thereafter, the petitioner took the stand before the Board that his letter dated 11-03-97 was an act of voluntary retirement made under the voluntary retirement scheme in force as circulated by the Board's memorandum dated 07-09-93. On that basis, terminal benefits were claimed by the petitioner. The claim of the petitioner having been negatived by the Board, the instant approach to the writ jurisdiction has been made by the petitioner.

(3.) I have heard Mr. N. Borkakati, learned counsel for the petitioner and Mr. B.D. Das, learned counsel appearing on behalf of the respondent-Board.