IMPORTANT POINT
A resignation must be clear and unambiguous; conditional resignations cannot be accepted without addressing the conditions first.

JUDGMENT :

KARDAK ETE, J.

1. Heard Mr. P.J. Saikia, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned CGC for all the respondents.

2. Aggrieved by the order dated ----02/2012 issued by the Deputy Inspector General, Group Centre, CRPF, whereby, the resignation of the petitioner has been accepted w.e.f. 04.08.2012, the petitioner has filed this present petition. The petitioner has prayed for a direction to respondent authorities to constitute a Medical board for examination of his disease and then allow to go on retirement on medical ground since he has already completed the required qualifying service.

3. Brief facts of the case giving rise to filing of the writ petition are that the petitioner was inducted as Constable GD in the CRPF on 06.08.2000. In the month of August, 2008 while he was posted at Guwahati, due to sudden severe backbone pain he had to be admitted into hospital at Guwahati for treatment and was diagnosed from ‘Low Backacne’.

4. It is the contention of the petitioner that due to frustration owing to prevailing circumstances and because of his ill health, he had prayed for constitution of Medical board to examine his illness as early as possible, otherwise his resignation may be accepted vide his letter dated 27.07.2012 as he has already diagnosed with P3(P) disease, which is incurable.

5. It is contended that the respondent authorities without constituting the Medical board has recommended his letter of resignation for acceptance. Accordingly, the petitioner was discharged from his service by accepting his resignation w.e.f. 04.08.2012 for which he would not be entitled for retirement benefit, including pension although the petitioner has completed the required qualifying service for entitlement of all the retirement benefits.

6. Mr. P.J. Saikia, learned counsel for the petitioner submits that the petitioner has submitted a letter addressing to the Deputy Inspector General, Group Centre, CRPF, Guwahati, for constitution of Medical Board otherwise to accept his resignation due to his ill health and other family problem. The said letter clearly reflects that the resignation sought is a conditional one, as he has requested for production of the petitioner before Medical board for medical examination otherwise, his resignation may be accepted. He submits that the respondent authority has not constituted any Medical Board for examination of the petitioner. Had the respondent authority constituted the Medical board as requested by the petitioner vide his letter dated 27.07.2012, he could have been discharged from the service on medical ground, which would have entitled him invalid pension in terms of the Rules.

7. Mr. P.J. Saikia, learned counsel while referring to the additional affidavit filed by the respondents submits that it appears that on 18.05.2012, a Medical board was constituted for Departmental Rehabilitation Board of the Force personnel. However, the same was never intimated to the petitioner. Had such constitution of Medical board been intimated, the petitioner would have appeared and he would have been properly examined by the Board. Therefore, he submits that the mechanical acceptance of the resignation letter, which is conditional, is not sustainable. As such, he prayed that the impugned order of acceptance of the resignation dated ----02/2012 w.e.f. 04.08.2012 may be set aside.

8. Learned counsel for the petitioner has relied upon the judgment in the case of William R. Shimary vs. State of Manipur and Ors. 1996 (3) GLT 216 to project that the letter of resignation must be unambiguous, unequivocal and not conditional. The conditional resignation cannot be accepted without first informing the employee that the condition cannot be accepted. Relying on the above judgment, Mr. P.J. Saikia, learned counsel, submits that the acceptance of conditional resignation without first constituting the Board or informing the petitioner is not sustainable.

9. Per-contra, Mr. G. Pegu, learned CGC appearing for