NAND LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the appellant. The appeal is against the order of learned single Judge rejecting the petition filed by the appellant raising grievance against non -consideration of his application for withdrawal of his resignation letter.

(2.) THE petitioner -appellant has submitted his letter of resignation on 18.10.1993 and on 27.10.1993 the said resignation letter has been accepted. No date with effect from which the resignation letter was effective has been mentioned in the letter of resignation. Thereafter on 18.11.1993 the petitioner has made an application for withdrawal of his resignation letter. From the perusal of that letter it is 'apparent that prior to his submission of application for withdrawal of resignation letter the petitioner has come to know about the acceptance of his resignation letter with immediate effect by order dated 27.10.1993. The allegations of the petitioner in his letter dated 18.11.1993 as well as petition are conspicuously silent about the date on which he came to know about the order dated 27.10.1993. In the circumstances it would be legitimate to infer that petitioner was informed of this order. It was directed to be served through constable and petitioner having come to know about the resignation letter having been accepted has subsequently tried to wriggle out of the resignation by making an application giving altogether new and different causes for giving resignation then what was disclosed in resignation letter for withdrawing from service and in either of the letter there is nothing to suggest that the petitioner appellant has acted under any compelling circumstances created by the respondents.

(3.) WE are unable to read any impediment from the aforesaid guideline issued by the Govt. to affect the effectiveness of an acceptance of resignation letter made by competent officer even in the absence 'no dues certificate'. The issuance of no dues certificate at best can affect and imperil the recoveries, if any, are to be made from the employee who had left the job but a guideline which has been issued in safeguarding its own interest as an employer does not vest any corresponding right in the employee to indict the acceptance of resignation letter in the absence of no dues certificate from the concerned officer.