LAW FOR ALL

Service matter -Once Resignation was accepted in a case of temporary employee, there is no obligation on Govt. to relieve him from duties by way of separate letter to hold the validity of his resignation -No question of reinstatement - on probation - unauthorised absent during probation - on the next day sent resignation - resignation was accepted after long correspondence - Request for cancellation of Resignation letter subsequently - rejected - challanged in Tribunal - dismissed - High court allowed and directed to pay arrears too after reinstatement on the ground that he was not relieved from his duties after acceptance of letter - Apex court held that In our considered view, the part of clause (4) extracted above makes a distinction between the right of a temporary Government servant to sever his connection from Government service by giving a notice of termination and that of a temporary Government servant who chooses not to give such notice but opts to submit a letter of resignation. In the instant case, the letter of acceptance clearly shows that termination of Respondent’s service as per his offer of resignation was not deferred to any future date and hence there was no requirement to relieve him of his duties. Hence, in the instant case, there was no obligation on the Government to write a formal letter that the Respondent has been relieved. Even if such requirement had been there, in the case in hand it would be an empty formality as he absconded from duties for 8 months without joining inspite of letters = CIVIL APPEAL NO.10645 OF 2010 Union of India & Ors. …..Appellants Versus Hitender Kumar Soni …..Respondent= 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41787