SHAMBHU MURARI SINHA Vs. PROJECT AND DEVELOPMENT INDIA LIMITED
LAWS(SC)-2002-3-79
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on
March 13,2002
SHAMBHU MURARI SINHA
Appellant
VERSUS
PROJECT AND DEVELOPMENT INDIA LIMITED
Respondents
Referred Judgements :-
RAJ KUMAR VS. UNION OF INDIA [REFERRED]UNION OF INDIA VS. GOPAL CHANDRA MISRA [REFERRED]
BALRAM GUPTA VS. UNION OF INDIA [REFERRED]
POWER FINANCE CORPORATION LIMITED VS. PRAMOD KUMAR BHATIA [REFERRED]
J N SRIVASTAVA VS. UNION OF INDIA [REFERRED]
NAND KESHWAR PRASAD VS. INDIAN FARMERS FERTILIZERS COOPERATIVE LIMITED [REFERRED]
SHAMBHU MURARI SINHA VS. PROJECT AND DEVELOPMENT INDIA [REFERRED]
Cited Judgements :-
RUPAL E BHAGAT VS. VOCATIONAL TRAINING COLLEGE [LAWS(GJH)-2016-9-135] [REFERRED]CHANDRAKANT BALKRISHNARAO PHATALE VS. DISTRICT JUDGE NANDED [LAWS(BOM)-2007-2-127] [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. DINESH KUMAR SANGAL [LAWS(DLH)-2010-3-416] [REFERRED TO]
SADIQ SHAFI QURESHI VS. UNION BANK OF INDIA [LAWS(BOM)-2022-3-157] [REFERRED TO]
SANJAY VICTOR VS. STATE OF M P [LAWS(MPH)-2010-7-23] [REFERRED TO]
SRIKANTHA S M VS. BHARATH EARTH MOVERS LTD [LAWS(SC)-2005-10-70] [REFERRED TO]
GULAB SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2002-7-68] [REFERRED TO]
OM PRAKASH CHOUHAN VS. HINDUSTAN PETROLEUM CORPORATION LIMITED [LAWS(RAJ)-2007-5-77] [REFERRED TO]
UNION OF INDIA VS. DINESH PRASAD DHATURVEDI [LAWS(JHAR)-2008-4-55] [REFERRED TO]
RAM NARAYAN MOHANTY VS. SWAMI VIVEKANANDA NATIONAL INSTITUTE OF REHABILITATION TRANING AND RESEARCH [LAWS(ORI)-2009-10-18] [REFERRED TO]
UNION OF INDIA VS. B S BOPAIAH [LAWS(KAR)-2013-11-51] [REFERRED TO]
Union of India, rep. by its Secretary, Inspector General (Communication) and The Deputy Inspector General, Commandant STS, Border Security Force VS. Sri. B.S. Bopaiah [LAWS(KAR)-2013-11-341] [REFERRED TO]
S.P. VIMALA VS. THE DIRECTOR OF SCHOOL EDUCATION, (HIGHER SECONDARY), CHENNAI [LAWS(MAD)-2014-4-248] [REFERRED TO]
BALARAM SAGHAN KSHETRA SAMITI VS. KANTABEN LALJIBHAI PATEL [LAWS(GJH)-2011-3-9] [REFERRED TO]
AMRATLAL TALSIBHAI DESAI VS. STATE OF GUJARAT [LAWS(GJH)-2006-12-24] [REFERRED TO]
BHARAT BHUSHAN JHA VS. U O I [LAWS(DLH)-2002-5-48] [REFERRED TO]
SECRETARY HOME DEPARTMENT GOVT OF MAHARASHTRA MANTRALAYAMUMBAI VS. SANJAY PANDEY EX IPS [LAWS(DLH)-2005-12-15] [RELIED ON]
S.K. SETH VS. RITES LTD [LAWS(DLH)-2012-12-241] [REFERRED TO]
IRFAN AHMAD VS. U P COOPERATIVE FEDERATION LTD AND 3 ORS [LAWS(ALL)-2016-5-492] [REFERRED]
LAKSHMI MUKHERJEE (GOSWAMI) VS. STATE OF WEST BENGAL [LAWS(CAL)-2014-12-19] [REFERRED TO]
PRADEED KUMAR SAXENA VS. STATE OF U P [LAWS(ALL)-2014-8-508] [REFERRED TO]
TAPATI BASU VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-5-48] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION AND ORS VS. SH SURENDRA DHILLON [LAWS(DLH)-2018-11-137] [REFERRED TO]
F.C.I. & ORS. VS. MANGAL SEN AGRAWAL [LAWS(RAJ)-2003-8-66] [REFERRED TO]
STATE BANK OF PATIALA VS. PHOOLPATI [LAWS(SC)-2005-2-28] [REFERRED TO]
RAMA KRUSHNA DHAL VS. UNITED COMMERCIAL BANK [LAWS(ORI)-2018-9-9] [REFERRED TO]
B VARADARAJAN VS. DEPUTY MANAGING DIRECTOR STATE BANK OF INDIA AND ORS [LAWS(MAD)-2012-10-365] [REFERRED]
NUCIEAR POWER CORPORATION OF INDIA,LTD VS. HARI SINGH RATHORE [LAWS(RAJ)-2008-9-33] [REFERRED]
JAINUL ABDIN SON OF SHRI SAMSUDDIN AHMED VS. THE RAJASTHAN STATE HANDLOOM DEVELOPMENT CORPORATION LTD. [LAWS(RAJ)-2017-3-119] [REFERRED TO]
SAFIQUR RAHMAN CHOUDHURY VS. STATE OF ASSAM [LAWS(GAU)-2005-8-25] [REFERRED TO]
THAKOR NAGJIBHAI BHAILAL VS. IPCL NOW AMALGAMATED WITH RELIEANCE IND LTD [LAWS(GJH)-2010-8-317] [REFERRED TO]
SHRI KANT ARYA VS. NEW VICTORIA MILLS KANPUR [LAWS(ALL)-2005-8-193] [REFERRED TO]
M S MUNIVENKATAPPA VS. STATE BANK OF INDIA [LAWS(MAD)-2007-1-59] [REFERRED TO]
B.VARADARAJAN VS. DEPUTY MANAGING DIRECTOR [LAWS(MAD)-2012-10-43] [REFERRED TO]
M ABDUL SALAM VS. PRESIDING OFFICER II ADDL LABOUR COURT CHENNAI [LAWS(MAD)-2012-6-43] [REFERRED TO]
ANAND SWAROOP SINGH VS. UNION OF INDIA [LAWS(MPH)-2012-9-129] [REFERRED TO]
DAYAL ASHOK SINHA VS. BHARAT WAGON AND ENGINEERING COMPANY LTD [LAWS(PAT)-2003-9-20] [REFERRED TO]
SURAJ NARAYAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2009-8-253] [REFERRED TO]
MANGAL SEN AGARWAL VS. FOOD CORPORATION OF INDIA [LAWS(RAJ)-2002-5-56] [REFERRED TO]
MAHENDRA GAJANAN TRIVEDI VS. BANK OF INDIA [LAWS(GJH)-2011-3-168] [REFERRED TO]
BHARATKUMAR CHANDRAVADAV DAVE VS. STATE OF GUJARAT [LAWS(GJH)-2010-1-168] [REFERRED TO]
MANVENDRA SINGH RAWAT VS. UNION OF INDIA [LAWS(DLH)-2013-7-580] [REFERRED TO]
COMMISSIONER OF POLICE VS. SATISH CHANDER [LAWS(DLH)-2014-12-401] [REFERRED TO]
GIRISH CHANDRA MISHRA VS. COTTON CORPORATION OF INDIA AND ANR. [LAWS(MPH)-2003-12-71] [REFERRED TO]
ATUL BORAH VS. UNITED BANK OF INDIA [LAWS(GAU)-2003-6-45] [REFERRED TO]
SHIV RAM VERMA VS. MANAGING DIRECTOR, FOOD CORPORATION OF INDIA AND ORS. [LAWS(DLH)-2009-3-180] [REFERRED TO]
INDIAN TOURISM DEVELOPMENT CORPORATION LTD VS. SRI KANT SHARMA [LAWS(DLH)-2011-7-69] [REFERRED TO]
GAJANAN S/O SIDDAPPA MAITRI VS. UNION OF INDIA AND OTHERS [LAWS(BOM)-2019-4-169] [REFERRED TO]
SAMEER AGGARWAL VS. PUNJAB NATIONAL BANK [LAWS(DLH)-2002-12-87] [REFERRED TO]
CAPTAIN GURDARSHAN KAUR SANDHU VS. AIR INDIA EXPRESS LTD. [LAWS(KER)-2018-2-815] [REFERRED TO]
SHARDA PAREEK VS. BOARD OF SECONDARY EDUCATION [LAWS(RAJ)-2005-6-17] [REFERRED TO]
BANK OF INDIA VS. O P SWARANKAR [LAWS(SC)-2002-12-61] [REFERRED TO]
B S BOPAIAH VS. UNION OF INDIA [LAWS(KAR)-2010-11-16] [REFERRED TO]
KUMAR VS. STATE OF KERALA [LAWS(KER)-2002-5-37] [REFERRED TO]
ARJUN AHLUWALIA VS. AIR INDIA LIMITED [LAWS(DLH)-2021-6-66] [REFERRED TO]
KULDIP GANDOTRA VS. UNION OF INDIA [LAWS(DLH)-2005-10-45] [RELIED ON]
ADITYA NATH BANERJEE VS. STATE BANK OF INDIA [LAWS(CAL)-2007-3-29] [REFERRED TO]
UNION OF INDIA VS. SANOHAR [LAWS(ALL)-2003-5-142] [REFERRED TO]
C SABABATHY VS. SALEM STEEL PLANT [LAWS(MAD)-2009-11-472] [REFERRED TO]
AB. AZIZ & ORS. VS. STATE OF J&K & ORS. [LAWS(J&K)-2016-2-41] [REFERRED TO]
BELU RANI DAS VS. STATE OF TRIPURA [LAWS(TRIP)-2020-7-7] [REFERRED TO]
BHUWAN KUMAR RATHORE VS. MADHYA PRADESH RAJYA SAHAKARI BANK MYDT [LAWS(MPH)-2006-2-39] [REFERRED TO]
STATE OF BIHAR VS. SHAH WALIULLAH TARIQUE [LAWS(PAT)-2011-3-4] [REFERRED TO]
KARSANBHAI JIVABHAI CHAMAR VS. EXECUTIVE ENGINEER AND ORS. [LAWS(GJH)-2016-3-86] [REFERRED TO]
SHAOKH RIYASAT ALI VS. PRESIDING OFFICER GOVERNMENT INDUSTRIAL TRIBUNAL [LAWS(BOM)-2006-1-6] [REFERRED TO]
VINAY CHAUHAN VS. UNION OF INDIA [LAWS(DLH)-2007-11-116] [REFERRED TO]
RAJESH KUMAR BALAK RAM CHANDRAKAR VS. INFORMATION AND LIBRARY NETWORK CENTRE (INFLIBNET) [LAWS(GJH)-2022-6-47] [REFERRED TO]
JITENDRA DEV BARMA VS. STATE OF TRIPURA [LAWS(GAU)-2006-2-51] [REFERRED TO]
SURESH SINGH VS. STATE OF U. P. [LAWS(ALL)-2019-9-139] [REFERRED TO]
GENERAL MARKETING AND MANUFACTURING COMPANY LIMITED VS. R DEVARAJ [LAWS(MAD)-2003-9-158] [REFERRED TO]
JAYAPRAKASH SHETTY VS. UNION OF INDIA [LAWS(KAR)-2009-9-34] [REFERRED TO]
AHSAN ALI VS. STATE OF ASSAM AND 4 ORS REP BY COMMISSIONER AND SECRETARY TO GOVT OF ASSAM [LAWS(GAU)-2018-8-43] [REFERRED TO]
SHAM LAL VS. UNION OF INDIA AND OTHERS [LAWS(J&K)-2008-9-44] [REFERRED]
AIR INDIA EXPRESS LIMITED VS. CAPT. GURDARSHAN KAUR SANDHU [LAWS(SC)-2019-8-100] [REFERRED TO]
STATE BANK OF PATIALA VS. PHOOLPATI [LAWS(SC)-2005-3-105] [REFERRED TO]
BALWANT RAI VS. STATE OF HARYANA [LAWS(P&H)-2006-5-67] [REFERRED TO]
MOHAN SINGH VS. FINANCIAL COMMISSIONER AND OTHERS [LAWS(P&H)-2008-1-314] [REFERRED]
BHAGWAT PRASAD VS. STATE OF U P [LAWS(ALL)-2014-5-333] [REFERRED TO]
CHANDRA BAHADUR KHETRI VS. UNION OF INDIA UOI [LAWS(ALL)-2004-10-162] [REFFERED TO J.N. SRIVASTAVA V. UNION OF INDIA AND ANR.,CIVIL APPEAL NOS. 6573-6574 OF 1997;]
RABIA SULTANA VS. VICE CHANCELLOR ALIGARH MUSLIM UNIVERSITY [LAWS(ALL)-2005-11-218] [REFERRED TO]
STAYA NARAIN SINGH VS. U.P. PUBLIC SERVICE TRIBUNAL AND OTHERS [LAWS(ALL)-2007-7-317] [REFERRED TO]
PHILOMINA DICKSON VS. STATE OF GUJARAT [LAWS(GJH)-2010-12-246] [REFERRED TO]
VIRENDER PAL VS. UNION OF INDIA & ORS [LAWS(DLH)-2010-4-388] [REFERRED]
UNION OF INDIA & ANOTHER VS. VED PARKASH [LAWS(DLH)-2009-5-322] [REFERRED TO]
T GOVINDASEETHARAM VS. CHAIRMAN CHENNAI PORT TRUST [LAWS(MAD)-2003-3-161] [REFERRED TO]
M Bagyalakshmi VS. State of Tamil Nadu [LAWS(MAD)-2006-2-35] [REFERRED TO]
STATE BANK OF MYSORE VS. DAKSHAYANI PREMESH [LAWS(KAR)-2004-5-6] [REFERRED TO]
NATIONAL INSTITUTE OF TECHNOLOGY CALICUT VS. BHARAT SINGH RAWAT [LAWS(KER)-2020-12-55] [REFERRED TO]
BHUWAN KUMAR RATHORE VS. M.P. RAJYA SAHKARI BANK MARYADIT [LAWS(MPH)-2007-7-129] [REFERRED TO]
Hare Krishna Nayak VS. Chairman, Steel Authority of India [LAWS(ORI)-2003-4-51] [REFERRED TO]
SMT. SHAHEEN KAUSER QUAZI VS. STATE AND ORS. [LAWS(RAJ)-2010-11-194] [REFERRED TO]
JUDGEMENT
Phukan, J. -
(1.)In this appeal by special leave the appellant has assailed the judgment dated 21-6-1999 passed by the Patna High Court in LPA No. 57 of 1999 (R). By the impugned judgment the Division Bench affirmed the judgment of the learned single Judge dated 3-2-1999 passed in CWJC No. 2970 of 1997 (R).
(2.)The appellant joined the respondent-company as a Draftsman Trainee in the year 1964 and was promoted to the post of General Foreman (Electrical). On October 12, 1995, the respondent-company issued an improved Voluntary Retirement Scheme (for short 'VRS') giving more benefits to the employees, which was effective from 12th October, 1995 to 18th October, 1995. The appellant applied for voluntary retirement on 18th October, 1995 under the scheme, which was accepted by the Management on 30th July, 1997 with the condition that the release memo along with details particulars will follow. On August 7, 1997, the appellant sent a letter withdrawing his option from the VRS by registered post but no response was received by him from the respondents. Again on September 27, 1997 another letter was sent by the appellant withdrawing his option from the scheme. This letter was received on 25th September, 1997 but there was no reply from the respondent. The respondent-company issued a memorandum on 25th September, 1997 releasing the appellant from the service of the company w.e.f. 26th September, 1997 (afternoon). The appellant filed a petition under Article 226 of the Constitution before the High Court challenging the said release order, which was dismissed by the learned single Judge and it was upheld by the impugned judgment. That is how the matter is before us.
(3.)This appeal came up for final hearing before a Division Bench of this Court and by order dated April 13, 2000, the appeal was allowed on the reasoning that the appellant was not relieved from service and was allowed to continue in service till 26-9-1997, which, for all practical purpose would be the "effective date" as it was on this date that he was relieved from service. As the appellant had already withdrawn the offer fromVRS on7-8-1997, the resignation in spite of its acceptance could be withdrawn before the said "effective date" and, therefore,such withdrawal was valid in law [See Shambhu Murari Sinha vs. Project and Development India and another (2000) 5 SCC 62. The Division Bench relied on the following decisions of this Court namely Balram Gupta vs. Union of India (1987) Suppl. SCC 228, J. N. Srivastava vs. Union of India (1998) 9 SCC 559 and Power Finance Corpn. Ltd. vs. Pramod Kumar Bhatia (1997) 4 SCC 280.
(2.)The appellant joined the respondent-company as a Draftsman Trainee in the year 1964 and was promoted to the post of General Foreman (Electrical). On October 12, 1995, the respondent-company issued an improved Voluntary Retirement Scheme (for short 'VRS') giving more benefits to the employees, which was effective from 12th October, 1995 to 18th October, 1995. The appellant applied for voluntary retirement on 18th October, 1995 under the scheme, which was accepted by the Management on 30th July, 1997 with the condition that the release memo along with details particulars will follow. On August 7, 1997, the appellant sent a letter withdrawing his option from the VRS by registered post but no response was received by him from the respondents. Again on September 27, 1997 another letter was sent by the appellant withdrawing his option from the scheme. This letter was received on 25th September, 1997 but there was no reply from the respondent. The respondent-company issued a memorandum on 25th September, 1997 releasing the appellant from the service of the company w.e.f. 26th September, 1997 (afternoon). The appellant filed a petition under Article 226 of the Constitution before the High Court challenging the said release order, which was dismissed by the learned single Judge and it was upheld by the impugned judgment. That is how the matter is before us.
(3.)This appeal came up for final hearing before a Division Bench of this Court and by order dated April 13, 2000, the appeal was allowed on the reasoning that the appellant was not relieved from service and was allowed to continue in service till 26-9-1997, which, for all practical purpose would be the "effective date" as it was on this date that he was relieved from service. As the appellant had already withdrawn the offer fromVRS on7-8-1997, the resignation in spite of its acceptance could be withdrawn before the said "effective date" and, therefore,such withdrawal was valid in law [See Shambhu Murari Sinha vs. Project and Development India and another (2000) 5 SCC 62. The Division Bench relied on the following decisions of this Court namely Balram Gupta vs. Union of India (1987) Suppl. SCC 228, J. N. Srivastava vs. Union of India (1998) 9 SCC 559 and Power Finance Corpn. Ltd. vs. Pramod Kumar Bhatia (1997) 4 SCC 280.
Copyright © Regent Computronics Pvt.Ltd.