Court No. - 43
Case :- WRIT - A No. - 6343 of 2019 Petitioner :- Smt. Divya Katiyar Respondent :- Gramin Bank Of Aryavrat, Lucknow And Another Counsel for Petitioner :- Vivek Mishra,Vikas Budhwar Counsel for Respondent :- Amrish Sahai
Hon'ble Ashwani Kumar Mishra,J.
Petitioner while was in employment of Allahabad U.P. Gramin Bank resigned. Submission is that resignation tendered on 11.2.2019 was to be effective from 12.2.2019. It appears that this resignation was submitted in view of the fact that petitioner had been selected in a different bank. However, pursuant to such selection her joining did not materialize and therefore even before the resignation could be accepted, petitioner withdrew her resignation vide letter submitted to the Regional Manager of the Bank on 30.1.2019. It is asserted that this letter of withdrawal of petitioner's resignation was also forwarded by the Regional Manager to the Head Office on 4.2.2019. However, the appointing authority has proceeded to accept petitioner's resignation vide order dated 8.2.2019. By a subsequent order of 27.2.2019, the order dated 8.2.2019 has been reiterated. Aggrieved by these two orders dated 8.2.2019 and 27.2.2019, petitioner has approached this Court by filing the present writ petition.
Learned counsel for the petitioner submits that the withdrawal of resignation though had been specifically forwarded to the competent authority but it has not been taken note of by the appointing authority while passing the two orders. Reliance is placed upon a Full Bench judgment of this Court in Bahori Lal Paliwal Vs. District Magistrate, AIR 1956 All 511, in order to submit that resignation can always be withdrawn before it is accepted, and that the right of the employee to withdraw resignation prior to its acceptance is well recognized in law. Submission is that since severance of employee-employer relationship had not taken place and the resignation was withdrawn, as such the authorities were expected to have dealt with the petitioner's grievance, in that regard, and recall the order accepting petitioner's resignation. Submission is that on the date when the order dated 8.2.2019 was passed, there existed no resignation on record.
Writ petition was entertained and time was allowed to Sri Amrish Sahai, learned counsel for the respondents, to obtain instructions. Instructions, however, are still awaited. In the facts and circumstances, noticed above, this Court is of the considered view that ends of justice would be met in disposing of the matter, at this stage itself, by directing the competent authority of the Bank to examine the grievance of petitioner, as noticed above, by passing a reasoned order, at the first instance. In such circumstances, no useful purpose would be served in keeping the writ petition pending any further.
In the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon respondent no.2 to examine the petitioner's grievance, as noticed above, by passing a reasoned order, within a period of two months from the date of presentation of certified copy of this order. Petitioner's specific plea that she had withdrawn her resignation even before it was accepted would be dealt with. Petitioner's contention that the resignation since was otherwise to be effective from or after 12th of February, 2019, as such its acceptance on 8th of September, 2019 was misconceived shall also be dealt with, particularly when it had already been withdrawn by her. The order impugned, in the facts of the present case, would remain subject to the fresh orders to be passed by the Regional Manager, as indicated above.
Order Date :- 30.4.2019 Anil