- (1.) In this writ petition, the petitioner has prayed for quashing the letter dated 19.4.2007, issued by the Manager (P & IR), Life Insurance of India (LIC for short), Hazaribagh, whereby the petitioner was informed that his resignation was not accepted by the competent authority and directed the petitioner to join the office immediately. The petitioner has also sought direction on the respondents to accept the petitioner's resignation tendered by letter dated 29.7.2006 and to settle and pay all retiral dues, such as P.F., gratuity, group insurance and arrears of salary with interest.
(2.) The short fact of the case is that the petitioner had joined the services of LIC as Assistant Administrative Officer at Kolkata on. 18.9.1989. After completion of training, he was posted at Machillipatanam, Vijayawada, Visakhapatnam and was transferred to various other places. In July, 2006, the petitioner was transferred to Hazaribagh. He assumed charge as Manager(OS), LIC, Hazaribagh on 27.7.2006. After assuming the charge, the petitioner chose to resign from service. There was provision for determination of service in Regulation 18 of the Life Insurance Corporation of India(Staff)Regulations, 1960 (hereinafter referred to as 'LIC Regulation'). It has been inter alia, provided that an employee can leave or discontinue his service of the Corporation by giving notice of his intention to leave or discontinue to the competent authority. The notice required shall be of three months in the case of employee belonging to the class of the petitioner. There is also provision, for waiving of period of notice by the competent authority. Accordingly, the petitioner tendered. his resignation by giving notice dated 29.7.2006 through proper channel. He also requested for waiving the notice by the employer. The said notice was addressed to the Managing Director of the Corporation. The three months period expired, but there was no communication from the side of the respondents. Ultimately, he was informed by letter dated 19.4.2007, issued by the Manager (P & IR) that the petitioner's resignation was not accepted. The petitioner was directed to join the office immediately. There was exit interview and the petitioner attended on 12.6.2007 for the sole purpose of settling all the dues, but the respondents have not issued any letter regarding acceptance of resignation nor they have paid retiral dues to the petitioner. The petitioner requested the competent authority to accept his resignation time and again, but no order has been passed till date.
(3.) The respondents have contested this writ petition. In their counter affidavit, it has been stated, inter alia, that the resignation of the petitioner was not acceptable for the reason that he had shown complete disregard to his job and to his employer. The petitioner after giving notice of resignation did not attend his duty in spite of repeated instruction of the respondents to join his duty. The petitioner remained absent unauthorizedly. Until and unless his resignation is accepted, the petitioner was an employee of the Corporation and he is bound to follow the rules and regulation of the Corporation and the instruction of his superiors. Since the petitioner was absent unauthorizedly, the departmental proceeding has been initiated against him for his unauthorized absence from duty. In view of pendency of the departmental proceeding, there is no question of acceptance of the petitioner's resignation.;