Case Note & Summary
The petitioner, Mrs. Saroj N. Patil, joined the services of the Nuclear Power Corporation of India Ltd. (NPCIL) as a Lower Division Clerk on 20th September 1990 on compassionate grounds after her father's death in harness. In mid-April 2003, she was in a mentally disturbed state due to a character assassination campaign in her office arising from a misunderstanding that she had eloped with a younger bachelor colleague, though she had only accompanied him to Pune to help arrange his sister's marriage. She was absent from duty from 25th April 2003 and underwent medical treatment for physical and psychological issues. She was certified fit to work by the Civil Surgeon at Thane on 6th November 2003. Meanwhile, disciplinary proceedings were initiated against her and a chargesheet was issued on 20th May 2003. On 25th June 2003, she tendered her resignation. The disciplinary authority dropped the proceedings and accepted her resignation on 27th June 2003. After recovering from mental depression, she approached NPCIL on 8th November 2003 with a certificate from the Civil Surgeon and requested to withdraw her resignation, stating it was tendered under pressure and mental sickness. The employer did not accede to her request. The court considered whether the resignation was voluntary. The court held that the resignation was not voluntary as it was tendered while the petitioner was suffering from mental depression and illness. The court directed the respondents to allow the petitioner to withdraw her resignation and reinstate her in service with continuity of service but without back wages for the period of absence. The court also directed that the disciplinary proceedings initiated against her shall stand dropped.
Headnote
A) Service Law - Resignation - Voluntariness - Resignation tendered by an employee while suffering from mental depression and illness is not a voluntary act - The employer is bound to consider a request for withdrawal of resignation made after recovery, especially when the resignation was accepted without considering the employee's mental state - Held that the resignation was not voluntary and the petitioner is entitled to be reinstated (Paras 1-5).
Issue of Consideration
Whether the resignation tendered by the petitioner while suffering from mental depression and illness was voluntary and whether the petitioner is entitled to withdraw the resignation after recovery.
Final Decision
The court allowed the writ petition, directing the respondents to permit the petitioner to withdraw her resignation and reinstate her in service with continuity of service but without back wages for the period of absence. The disciplinary proceedings initiated against her shall stand dropped.
Law Points
- Resignation must be voluntary
- Resignation tendered under mental illness can be withdrawn
- Employer must consider request for withdrawal before acceptance
- Compassionate appointment does not bar withdrawal of resignation
