RENU GIRDHAR Vs. STEEL AUTHORITY OF INDIA LTD

JUDGEMENT

(1.) BY this petition, the Petitioner, who was working as Sr. Lecturer in the Education Department, seeks a writ in the nature of certiorari to quash the impugned order dated 26-9-1997 (Annexure P/12), whereby the resignation letter of the Petitioner dated 1-7-1997 was accepted with effect from 30-9-1997 and further, reinstatement of the Petitioner with full back wages and consequential benefits of promotion, pay revision etc. with promotion to the executive grade of E-2 with effect from 30-6-1997.

(2.) ACCORDING to learned Counsel appearing for the Petitioner, being aggrieved by the letter dated 30-6-1997, whereby the Petitioner was superceded for promotion to E-2 grade, the Petitioner sent a letter dated 1-7-1997 to the Deputy General Manager (Town Administration), Town Administrative Building, Bhilai Steel Plant, Bhilai, which was under subject "three months notice for resignation with effect from 1-7-97". The Petitioner was thereafter summoned by the Managing Director, Shri Vikrant Gujral on 12-9-1997 for counseling. The Petitioner, thereafter, submitted one detailed letter to the then Managing Director, Shri Vikrant Gujral, on 12-9-1997 (Annexure P/11) stating grievances of the Petitioner, without making any reference to the withdrawal of her letter dated 1-7-1997, notice for resignation. The letter of the Petitioner was accepted on 26-9-1997 (Annexure P/12) signed by the Manager (Pers-Exe) stating that "this issues with the approval of the Competent Authority". Feeling aggrieved, the Petitioner has filed this petition for the aforementioned reliefs.

(3.) PER Contra, Shri Adil Minhaz, learned Counsel appearing for the Respondents would submit that the Petitioner was working as Sr. Lecturer at the relevant point of time. As per existing promotion policy, the eligibility criteria for the promotion from Grade E-1 to E-2 was four years along with 120 credit points in the performance appraisal of the concerned employee. The Petitioner was considered for promotion from E-1 to E-2 in June, 1997 along with other eligible candidates, but the Petitioner failed to secure the required 120 credit points, thus, she could not be promoted. The resignation letter dated 1-7-1997 addressed to the Deputy General Manager (Town Administration) was unconditional and was tendered on her own volition. The Petitioner was called by the Executive Director (P&A) and was advised to withdraw the resignation. After repeated advices made by the management, the Petitioner was determined to resign from the services and thus, she did not make any application for withdrawal of the resignation. The resignation was approved by the Executive Director (P&A), who is the competent authority for accepting the resignation of employees/executives upto E-4 level. The same is evident from the letter dated 26-9-1997 (Annexure P/12) stating that the resignation letter has been approved by the competent authority. Thus, there was no irregularity or perversity in the order dated 26-9-1997 after proper approval/acceptance by the proper competent authority. Learned Counsel further submits that under Declaration of Establishment Powers, even an officer of the rank of General Manager is authorized to accept the resignation of the executives upto the level of E-4. At the relevant point of time, the Executive Director (P&A) was the competent authority and the resignation letter was accepted by him. All the final dues of SEWA have been made over to the Petitioner and the Petitioner has accepted the same without any demur. No dues are outstanding as on date.