Delhi High Court
Dalip Kumar vs Registrar General, National ... on 5 March, 2015
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No. 7023/2014
% 5th March, 2015
DALIP KUMAR ..... Petitioner
Through: Petitioner in person.
versus
REGISTRAR GENERAL, NATIONAL GREEN TRIBUNAL
..... Respondent
Through: Ms. Anita Sahani, Adv.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. By this writ petition filed under Article 226 of the Constitution
of India, petitioner, who was appointed on probation for a period of two
years vide letter dated 4.10.2013, with the respondent-National Green
Tribunal, seeks the relief that the respondent should accept the resignation
given by the petitioner vide his letter dated 12.9.2014. This resignation
letter reads as under:-
"To,
The Hon'ble Chairperson,
National Green Tribunal,
Principal Bench, New Delhi
WP(C) 7023/2014 Page 1 of 4
Sub:- My resignation on personal grounds.
Sir,
Due to some of my personal domestic reasons I am not able to
continue my service in the National Green Tribunal anymore. Thus, I
hereby tender my resignation from the post of Personal Assistant with
immediate effect (12/9/2014).
The relevant term/clause of my appointment letter is reproduced
as under:-
"The appointment can be terminated at any time by a month's
notice given by either side viz. the appointee or the appointment
authority without assigning any reason".
It is, therefore, requested to relieve me at the earliest from my
duties.
Thanking you,
Yours faithfully,
Sd/-
(Dalip Kumar)
Personal Assistant
NGT, CZB Bhopal"
2. The appointment letter of the petitioner dated 4.10.2013 issued
by the respondent contains the following relevant clauses:-
"3. xxxxx
(i) The appointment will be made on a temporary basis.
The appointee will be on probation for a period of two years
from the date of appointment to this post which may be
extended by another 2 years at the discretion of any
Appointing Authority. On completion of the probation
period including extended period, there will be no automatic
WP(C) 7023/2014 Page 2 of 4
confirmation without the specific orders of the Appointing
Authority.
(ii) The appointment can be terminated at any time by a
month's notice given by either side viz. the appointee or the
Appointing Authority without assigning any reason. The
Appointing Authority, however, reserves the right of the
expiration of the stipulated period in which case the
appointee will be entitled to receive payment of a sum
equivalent to the pay and allowance for the period of notice
or the unexpired portion thereof." (underlining added)
3. The aforesaid position makes it clear that the respondent cannot
force a person to continue to be its employee, more so during the probation
period, and in which period, the appointment of the employee can be
terminated at any time by one month's notice without giving any reason.
Petitioner, who is present in person agrees that one month's pay can be
deducted by the respondent and consequently, the resignation of the
petitioner be now forthwith accepted.
4. In view of the aforesaid position, which appears on record, the
terms of appointment and the fact that petitioner has already given the
resignation letter, with the further aspect that the petitioner has made a
statement today that respondent can deduct one month's pay, this writ
petition is allowed and the petitioner is held to have resigned from the
respondent-National Green Tribunal and respondent is legally held to have
WP(C) 7023/2014 Page 3 of 4
accepted the resignation given by the petitioner in terms of his letter dated
12.9.2014, of course with liberty to the respondent to deduct one month's
pay of the petitioner.
5. Respondent will now give the letter of petitioner's services
coming to an end with the respondent-National Green Tribunal on account
of his resignation within a period of three weeks from today. Parties are left
to bear their own costs.
MARCH 05, 2015 VALMIKI J. MEHTA, J.
ib
