Vineet Kothari, J. - (1.) THE petitioner, Alok Sharma, who was working as Scientific Officer with the respondent -Nuclear Power Corporation of India Ltd. (Corporation, for short), after his appointment in the year 2002 vide the order (Annex. P/2) dated 25.04.2002, resigned after three years from the said service by a communication dated 22nd August, 2005 (Annex. R/1) and requested the respondent -Director (Personnel) of NPCIL to accept his resignation with effect from 24.08.2005. He did not give the minimum required three months' notice before being relieved from the said services. Therefore, the respondents sent him a communication dated 12.05.2005 (Annex. R/3) to the petitioner that the notice pay of Rs. 66,177/ - including the advance drawn by him at the time of his transfer, would be deductible and payable by him before such resignation is accepted. The petitioner gave an undertaking on 13.09.2005 in response to the said communication (Annex. R/2) to the effect that if any amount is due to be paid by him, the same may be deducted from his provident fund deposits lying with the respondent -Corporation and the balance, if any, may be informed to him so that he can pay the same.
(2.) THE respondent -Corporation after adjusting the said amount against the provident fund amount, informed the petitioner vide the communication dated 03.02.2006 (Annex. R/4) that still a sum of Rs. 5,611/ - was still due to be recovered from him on account of shortfall in the notice period and the petitioner, accordingly, paid the said amount of Rs. 5,611/ - vide the Demand Draft dated 27.01.2006, and copy whereof is placed on record along -with reply to writ petition as Annex. R/4. The competent authority, namely, Managing Director of the Corporation, thereafter accepted the resignation tendered by the petitioner with effect from 25.02.2006 by treating the period of unauthorized absence from 25.08.2005 to 25.02.2006 as 'dies -non' and the same was communicated to the petitioner vide the order (Annex. P/4) dated 16.03.2006, which has been assailed in the present writ petition. The petitioner in the meanwhile appears to have undertaken certain correspondence through his father, Sh. N.L. Sharma, and requested the respondent -Corporation to give him the experience certificate of serving the respondent -Corporation, for which certain requirements were raised by the respondent Corporation but the petitioner vide Annex. P/6 dated 12.01.2007.
(3.) AFTER a period of about one year of the correspondence of that resignation w.e.f. 25.02.2006, communicated to the Director of the respondent Corporation that his resignation letter dated 22.08.2005 was given under mental depression condition, in which he was unable to take free voluntary decision and, therefore, the said resignation letter may be treated as withdrawn and he may be allowed to re -join his duties at the same place where he was working. The said request was, of course, turned down by the respondent Corporation vide order (Annex. P/7) dated 26.02.2007 that in view of once the resignation having been accepted and having become effective, there is no question of allowing him to resume the duties and such withdrawal of the resignation, if at all, could be permitted only within 90 days i.e. from submission of the resignation letter and not at this belated stage.;