1. Leave granted.
2. Heard learned counsel for the parties.
3. The facts lie in a narrow compass. The petitioner was holding the post of Assistant Traffic Inspector. He submitted his resignation on 30.08.1999.
However, he withdrew the same on the very next day i.e. on 31.08.1999. However, his resignation was accepted by the Competent Authority on
01.09.1999.
4. The appellant has relied upon the decisions of this Court in Srikantha S.M. v. Bharath Earth Movers Ltd. [reported in (2005) 8 SCC 314], Shambhu
Murari Sinha v. Project & Development India Ltd. & Anr., [reported in (2002) 3 SCC 437], Shambhu Murari Sinha v. Project & Development India
and another [reported in (2002) 5 SCC 621], J.N. Srivastava v. Union of India and another [reported in (1998) 9 SCC 559], Power Finance
Corporation Ltd. v. Pramod Kumar Bhatia [reported in (1997) 4 SCC 280], Punjab National Bank v. P.K. Mittal [reported in 1989 Supp (2) SCC 175],
Balram Gupta v. Union of India and another [reported in 1987 (Supp) SCC 228], Union of India & Ors., v. Gopal Chandra Misra & others [reported in
(1978) 2 SCC 301].
5. In view of the aforesaid decisions, since the withdrawal was submitted very next day, the acceptance of the resignation could not be said to be
appropriate in the facts and circumstances of the case.
6. However, as the petitioner has attained the age of superannuation in the year 2009. He was responsible for the situation which he created by
submitting the resignation. Thus, he would not be entitled to the benefits of salary for the period he would have rendered the services till the date of his
superannuation. However, the period till the date of his superannuation shall be counted towards the services rendered by him and his retiral benefits
shall be worked out and refixed accordingly and be paid to him within three months from today.
7. The appeal is, accordingly, allowed.
8. Pending application(s), if any, shall stand disposed of.
