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Supreme Court of India 2024-02-20 allowed

Dr. Mrs. Suman vs Jain vs. Marwadi Sammelan through its

Bench: 2 — J.K. Maheshwari, K.V. Viswanathan

In Brief

A college principal submitted a prospective resignation effective six months later due to health reasons. The management demanded an unconditional immediate resignation and, when refused, unilaterally declared the resignation 'final, binding and irrevocable' without the principal's prior consent. The principal attempted to withdraw the resignation before the effective date. Lower courts rejected the withdrawal, citing estoppel and implied understanding. The Supreme Court held that prospective resignations are withdrawable before the effective date absent express contractual bar or prior binding agreement. The unilateral declaration of finality was invalid. The principal was allowed to regularize the intervening service period for pension purposes, though no back-wages were awarded, and granted retiral benefits based on the regularized tenure.

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Employment Law Labour Law Resignation and Withdrawal Service Law Educational Institutions Pension Benefits

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