MANOHAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Whether it was "resignation" from service or "retirement" voluntarily taken by the petitioner from his employer, National Insurance Company, is the question involved in the present case.

(2.) The petitioner Manohar Singh, was appointed as a Development Inspector on 09 August 1979 and since then he continuously served the respondent Insurance Company till 2006 for 27 years. On 18 January 2006, due to some unavoidable family circumstances, the petitioner informed the Deputy General Manager of the respondent Insurance Company that he is unable to continue his services so he resigns from the service with immediate effect. He further requested the Company to accept his resignation and settle his dues as per the norms.

(3.) Upon completion of one month, a communication dated 17th February 2006 was sent by the Company to the petitioner informing him that the competent authority has accepted his resignation and, therefore, he was relieved from the Company at the close of office hours on 17/2/2006. The petitioner was also informed that all dues owed by the petitioner towards the Company shall be adjusted from the terminal dues payable to him. The Regional Office of the respondent Insurance Company by another communication of the same date 17.2.2006 informed the petitioner that the competent authority has decided to accept the resignation of the petitioner with recovery of salaries in lieu of shortfall in the notice period expiring on 18.4.2006 i.e. 3 months salary and thereby relieving the petitioner - Development Officer at the close of office hours on 17.2.2006. Thus the respondent Company recovered Rs.59,617.53 against the 90 days salary in lieu of notice period from the terminal dues of the petitioner.