ORDER :

1. The present writ petition has been filed challenging the acceptance of resignation dated 30.09.2019 issued by the respondent no.2.

2. The brief facts of the case relevant for disposal of the writ petition is that the petitioner herein was appointed as Clerk under the respondents in March, 2008. Down the line petitioner got promoted to the post of Junior Management Grade Scale-I w.e.f. 20.12.2010 and thereafter was again promoted to the post of Middle Management Grade Scale -II w.e.f. 08.06.2015. The petitioner was posted as Branch Manager at City Branch, District Korba from where she was transferred to Bilaspur. Since the petitioner could not cope with the work pressure and faced some personal difficulties at home the petitioner tendered her application for voluntary retirement on 03.06.2019. In the said letter she had stated that on account of personal difficulties the petitioner was not interested to continue with her employment and therefore she had applied for the voluntary retirement from service giving four months period of notice, coming to an end on 03.10.2019.

3. The petitioner continued to discharge her duties at Bilaspur when the department considered the application tendered by the petitioner and accepted the same on 30.09.2019 Annexure P-1 whereby the application of the petitioner for voluntary retirement/resignation was accepted w.e.f. 3-10-19. The letter of acceptance of resignation was sent by Email to the concerned Branch from where the Branch Manager had tendered the same to the petitioner vide correspondence dated 09.10.2019 whereby it was intimated to her that her resignation has been accepted w.e.f. 03.10.2019. The said application was duly received by the petitioner also and the petitioner stood discontinued from the service of the respondent Bank.

4. Subsequently on 11.10.2019 for the first time the petitioner submitted an application before the respondent bank stating that she is interested to continue with her employment.

5. The grounds raised by the petitioner in the said application was that since the resignation which she had tendered was not officially accepted and communicated to the petitioner by 03.10.2019, she does not intend to further press upon that application for resignation and prayed for continuity in employment. Thereafter a few more correspondences were made by the petitioner with the respondent bank on the same grounds and authorities concerned having rejected the same has led to the filing of the present writ petition.

6. Counsel for the petitioner submits that plain reading of the Annexure P-5 dated 03.10.2019 submitted by the petitioner would clearly indicate that her application was seeking for voluntary retirement and she never intended to resign from service neither is the term resignation mentioned in the application, therefore the acceptance of the resignation is perse illegal and bad in law. The second ground raised by the petitioner is that under the service rules governing the respondent Bank minimum period of notice for resignation is three months and since the petitioner had given four months notice technically the application was not maintainable and the same should not had been acted upon by the respondent Bank. It was also the contention of the petitioner that since her request was for voluntary retirement, the bank had an option of either accepting the voluntary retirement under the scheme if any or should have rejected the same on the ground of there being no scheme for voluntary retirement in force.

7. Learned counsel for the petitioner tried to canvass the case on the context that there is a substantial difference between resignation and voluntary retirement and respondent bank had not have power to presume that the application for voluntary retirement was resignation and therefore the presumption of the respondent Bank and treating the application as res