FACTUAL BACKGROUND

1. This matter arises from an Appeal filed by the Petitioner seeking to set aside the Judgment of the Court of Appeal dated 05/03/2009 and to obtain the relief prayed for in the Petition dated 28/09/2006 filed in the Court of Appeal.

2. According to the Petition, the Petitioner was appointed as a Clerk Grade III at the Buddhist and Pali University of Sri Lanka with effect from 03/05/1999 (P1), and was subsequently confirmed in that said post by letter dated 26/01/2004 (P2). She was promoted to Clerk Grade II with effect from 03/05/2005 (P3). Her service record indicates transfers across various divisions of the University, including the Finance Division, the Administration Division at Homagama and Colombo, and thereafter the Internal Examinations Division.

3. The Petitioner states that, as she was ill and in a state of depression, she informed the 1st Respondent University of her illness on 25/07/2006 via telegram, followed by a medical certificate dated 21/07/2006 (P16) with a recommendation of one month’s medical leave. On 27/07/2006, the Petitioner tendered her Letter of Resignation dated 27/07/2006 (P7), stating her intention to resign with effect from 24/07/2006. This was followed by the Petitioner’s letter dated 10/08/2006 (P8) which is the acknowledgement of the consequences of resignation.

4. The Petitioner contends that, subsequently, she recovered from her fragile state of mind and, upon realizing the potential severity of her action and its consequences, immediately submitted a letter dated 22/08/2006 (P9), seeking to withdraw both her Letter of Resignation dated 27/07/2006 and her letter of acknowledgment of the consequences of resignation dated 10/08/2006.

5. The Petitioner contends that upon receiving the Letter of Resignation, the Petitioner was informed of the consequences of resignation by letter dated 03/08/2006 tendered to Court by the Respondents, marked as R5a, issued in accordance with Section 4.6 of Chapter V of the Establishments Code of the University Grants Commission and the Higher Educational Institutions/Institutes. The Petitioner acknowledged receipt of this communication by letter dated 10/08/2006 (P8).

6. The Petitioner’s Letter of Resignation was forwarded to the University Council on 18/08/2006. Since the previous meeting of the Council had been held on 25/07/2006, both the Letter of Resignation and the letter seeking its withdrawal were placed before the Council for consideration at its 258^th meeting held on 29/08/2006. The Council resolved to accept the resignation and to reject the request for withdrawal, which was informed to the Petitioner by letters dated 04/09/2006 (P12 and P13).

7. The Petitioner states that the Registrar of the University, by letters dated 04/09/2006, communicated the decisions of the Council: namely, that the Council had decided to refuse her request to be re-employed or reinstated (P12) and had accepted her resignation (P13).

8. The Petitioner states that, in terms of Section 4.5 of Chapter V of the Establishments Code of the University Grants Commission and the Higher Educational Institutions/Institutes, a notice of resignation tendered under Section 4.3 of the said Chapter “is not effective until it is approved by the appropriate appointing authority.”

9. In the circumstances, it is submitted that, as at 29/08/2006, there was no effective resignation for the 1st Respondent University and its Council to accept; therefore, the termination of the Petitioner’s services is unlawful.

10. The Petitioner further states that her Letter of Resignation was not accepted by the Council of the University, which is the appropriate appointing authority, until 29/08/2006; therefore, since she withdrew her Letter of Resignation by letter dated 22/08/2006, as at 29/08/2006, there was no effective resignation for the Council to accept. Accordingly, the acceptance of the Letter of Resignation on 29/08/2006 is arbitrary, capricious, unjustifiable, irrational, and therefore voi