Acceptance of retracted resignation illegal: HC

Kolkata: The Calcutta High Court has directed the Kolkata Municipal Corporation (KMC) to release all pensionary benefits, gratuity along with all other admissible benefits with an interest of 6 per cent to one of its former tax collectors who had joined service in 1985 but was “wrongfully terminated “ in March 2009.

The Division Bench of Justice Debangshu Basak and Justice Shabbar Rashidi was moved by KMC (appellant) challenging a single bench order in favour of the petitioner woman who worked in the assessment department of KMC. The civic body submitted that the petitioner approached the court after an unexplained delay of over seven years. KMC was accused of wrongfully terminating her and not paying the unpaid salary as well as post retirement dues.Due to compelling circumstances, the petitioner tendered her resignation by a letter dated July 30, 2008 but she withdrew it on February 19, 2009 via letter addressed to the Deputy Municipal Commissioner (P), KMC. However, by an order dated June 01, 2009, her resignation was accepted and services terminated on March 30, 2009. Calling her termination “illegal” she asked KMC in April 2017 to allow her to resume her duties or in the alternative to pay her dues but in vain. KMC counsel said the civic body does not have her withdrawal of resignation in their record. As such the KMC was well within its powers to consider and accept the resignation submitted.

The petitioner proved in court that her resignation withdrawal letter was duly received by the Personnel Department of KMC on February 19, 2009 itself. A receipt of the same was also submitted. The court observed that the acceptance of retracted resignation was illegal. KMC was also wrong to not have considered her request to let her resume her duties. The court also scotched KMC’s argument of delayed approach by the petitioner.

The single bench order to release her pensionary and other benefits by treating her in continuous service with effect from April 1, 1985 till the date of her superannuation was upheld by the division bench.