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2010 Supreme(Mad) 4614

ELIPE DHARMA RAO, M.Y.EQBAL
The Principal Secretary, Health and Family Welfare Department & Another – Appellant
Versus
Dr. N. Udayakumar – Respondent


Advocates appeared:
For the Petitioners: G. Sankaran, Spl.G.P. (Edn.).
For the Respondent:P.K. Rajagopal, Advocate.

Judgment

THE HONOURABLE THE CHIEF JUSTICE & ELIPE DHARMARAO, J.

1. Theoption of the Government servant to resign his services and the power of the Government to either accept or reject the same, is the subject matter in this writ appeal.

2. The respondent is a Specialist in Paediatrics and now serving as Tutor/Assistant Professor of Paediatrics in the Institute of Child Health, Chennai. Having entered into service in the year 1994, as of now he has completed 16 years of service. According to the respondent, due to persistent family problems, he decided to resign his job and accordingly, he submitted an application on 24. 2008 through proper channel, but since he did not give advance notice of three months expressly, he was required to file a fresh set of papers for the purpose of his resignation and accordingly, he made a fresh resignation application along with all necessary enclosures as per rules on 17. 2008 to the authorities through proper channel. Along with the set of papers he filed, he submitted a certificate of non-contractual obligation, an undertaking that he will not request for appointment or reposting, forms of declaration that no disciplinary action was pending aga

























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