SANJIB BANERJEE,J. - (1.) The appeal is directed against an order of August 14, 2009 by which the writ petition of the first respondent-erstwhile employee was allowed and the perceived letter of termination issued by the employee was regarded as a letter of complaint.
(2.) Two questions are involved in this appeal: whether the letter dated October 8, 2001 issued by the first respondent to the appellant was a letter of resignation and whether the representations of the first respondent for the correction of his age in his service-records ought to have been allowed by the employer.
(3.) The letter of October 8, 2001 has been quoted in the order under appeal. Such letter contains four short paragraphs and the first two refer to the transfer of the first respondent and the precarious medical condition of the first respondent's wife. The last two paragraphs of the letter of October 8, 2001 record as follows: "In case noting (sic, nothing) is possible for you in consideration to my above proposal in that case please consider this letter as a notice to my resignation from the service of company as per terms and conditions if (sic, in) vogue. "After long twenty five years of service I have been thrown to such a situation that I have been compelled to write you my resignation though it was my intention at all if I am allowed to work in my present place.";