Back
IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD.SHABBAR RASHIDI
Kolkata Municipal Corporation – Appellant
Versus
Rinku Majhi – Respondent
JUDGMENT :
MD. SHABBAR RASHIDI, J.
1. The appeal and the cross objection are in assailment of judgment and order dated August 21, 2023 passed in WPA No. 15387 of 2017. By the impugned judgment and order, the learned Single Judge, allowed the writ petition directing the appellant to release pensionary benefits, gratuity along with all other admissible benefits to the writ petitioner treating her in continuous service with effect from April 1, 1985 till the date of her superannuation within a period of eight weeks from the date of communication of the order.
2. Being aggrieved with the impugned judgment and order, the respondent Kolkata Municipal Corporation, the appellant herein, preferred the instant appeal. It was contended on behalf of the appellant that the writ petition filed by the writ petitioner/respondent ought to have been dismissed. Learned Single Judge, while passing the impugned judgement and order, wrongly construed the position of law. The findings of learned Single Judge were misconceived, improper and devoid of any substance and merit.
3. It was also submitted on behalf of the appellant that learned trial Judge overlooked the application filed by the writ petitioner see
An employee can withdraw a resignation before it becomes effective, even if accepted, as long as the employer-employee relationship persists.
An employee's resignation is effective upon acceptance by the employer, and withdrawal must occur before acceptance; acceptance of benefits indicates cessation of employment.
The principle of delay and laches can bar the relief in service matters if no satisfactory explanation for the delay is provided, even if merits may favor the applicant.
Delay in filing a writ petition can bar claims for relief, especially in service matters, as established by the principles of delay and laches.
Resignation – Withdrawal of such resignation by employee prior to effective date is permissible.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
