LexDR. MRS. SUMAN V. JAIN versus MARWADI SAMMELAN THROUGH ITS SECRETARY AND OTHERS
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* Author [2024] 2 S.C.R. 617 : 2024 INSC 127 Dr. Mrs. Suman V. Jain v. Marwadi Sammelan through its Secretary and Others (Civil Appeal No. 1480 of 2012) 20 February 2024 [J.K. Maheshwari* and K.V. Viswanathan, JJ.] Issue for Consideration Whether in the facts of the case, withdrawal of resignation dated 25.03.2003 submitted by the appellant prior to the effective date, i.e., 24.09.2003 ought to have been permitted; whether the letter of the Management dated 08.04.2003 accepting the resignation was final, binding and irrevocable and the rejection of the request for withdrawal of such resignation was in accordance with law and; in the facts of the case, what relief could be granted to the Appellant. Headnotes Service Law – Withdrawal of prospective resignation prior to the effective date – Permissibility: Held: In the absence of anything contrary in the provisions governing the terms and conditions of the office or post and in the absence of any legal contractual or constitutional bar, a prospective resignation can be withdrawn at any time before it becomes effective – Prospective or intending resignation would be complete and operative on arrival of the indicated future date in the absence of anything contrary in the terms and conditions of the employment/contract – The intimation sent in writing to the Competent Authority by the incumbent employee of his intention or proposal to resign from his office/post from a future specified date can be withdrawn at any time before it becomes effective – Letter dtd. 25.03.2003 was an intimation of resignation from a prospective date 24.09.2003, which could have been withdrawn by the appellant prior to the effective date – There was no Rule/Regulation which restrained such withdrawal – There was no prior consent to the letter dtd. 08.04.2003 for accepting resignation w.e.f. 24.09.2003 618 [2024] 2 S.C.R. Digital Supreme Court Reports as ‘final, binding and irrevocable’ and therefore, by using such words, the acceptance of resignation was unilateral – Withdrawal of such resignation by appellant prior to the effective date was permissible – Thus, the judgment of the House of Lords in “The Rev. Oswald Joseph Reichel Vs. The Right Rev. John Fielder” does not apply to the facts of the present case and the dismissal of the petition of appellant on similarity of facts with the said case was not correct and such findings by three fora are unsustainable – On facts, the ratio of the judgment of the Constitution Bench in Union of India and Others v. Gopal Chand Misra and Others [1978] 3 SCR applies in full force – Orders passed by the College Tribunal and the High Court set aside – Further, on peculiar facts of this case, respondent no.1 to regularize the service period of the appellant from 24.09.2003 (when they wrongly treated the appellant as having resigned) till the date of joining the duty at the new Institution as Principal on 01.10.2007 – Directions issued. [Paras 28, 12, 27, 21, 31 and 29] Doctrines/Principles – Principle of “vinculum juris” – Discussed. [Para 24] Case Law Cited Union of India and Others Vs. Gopal Chand Misra and Others, [1978] 3 SCR 12 : (1978) 2 SCC 301 – followed. BSES Yamuna Power Limited Vs. Ghanshyam Chand Sharma and Others, [2019] 14 SCR 546 : (2020) 3 SCC 346 – distinguished. Air India Express Limited and Others Vs. Captain Gurdarshan Kaur Sandhu, [2019] 12 SCR 980 : (2019) 17 SCC 129 – held inapplicable. Srikantha S.M. Vs. Bharath Earth Movers Limited, [2005] Supp. 4 SCR 156 : (2005) 8 SCC 314; Balram Gupta Vs. Union of India and Another, [1987] 3 SCR 1173 : 1987 (Supp) SCC 228; Raj Kumar Vs. Union of India, [1968] 3 SCR 857 : AIR 1969 SC 180 – relied on. Century Spinning and Manufacturing Company Limited and Another Vs. The Ulhasnagar Municipal Council and Another, [1970] 3 SCR 854 : AIR 1971 SC 1021; Union of India and Others Vs. M/s. Anglo Afghan Agencies [2024] 2 S.C.R. 619 Dr. Mrs. Suman V. Jain v. Marwadi Sammelan through its Secretary and Others Limited, [1968] 2 SCR 366 : AIR 1968 SC 718; New Victoria Mills and Others Vs. Shrikant Arya, [2021] 11 SCR 750 : (2021) 13 SCC 771; B.L. Shreedhar and Others Vs. K.N. Munireddy and Others, [2002] Supp. 4 SCR 601 : (2003) 2 SCC 355 – referred to. The Rev. Oswald Joseph Reichel Vs. The Right Rev. John Fielder (1889), House of Lords, XIV, 249 – held inapplicable. List of Acts Maharashtra Universities Act, 1994. List of Keywords Prospective re
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