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2009 Supreme(Del) 235

SUDERSHAN KUMAR MISRA
A. K. Arora – Appellant
Versus
National Building Constructions Corporation Ltd. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Anisha Upadhyay, Adv.
For Respondents/Defendant: Nemo

JUDGMENT

Sudershan Kumar Misra, J.

1. The petitioner is working as an Assistant Engineer with the National Building Constructions Corporation Limited (NBCC Ltd.), the respondent herein. He has moved this Court under Article 226 of the Constitution of India praying that the respondent be directed to accept his resignation with immediate effect. The facts in a nut shell are as follows:

The petitioner joined the respondent, which is a Government of India Enterprise, as Junior Engineer on 28.1.1985. He was promoted to the post of Assistant Engineer and was designated as Project Executive. On 4.10.2005, he wrote a letter seeking voluntary retirement. There he also stated that if his request for voluntary retirement is not granted, that letter be treated as his resignation from service with immediate effect. However, on 8.11.2005, the petitioner was informed that the competent authority had considered his request and had refused the same due to administrative reasons. The letter stated as follows:

In the matter it is to inform you that your aforesaid request has been considered by the competent Authority but the same has not been agreed to due to administrative reason.

2. Another letter




































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