HC relief to BARC officer on resignation row

A file photo of Bombay High Court in Mumbai.   | Photo Credit: Vivek Bendre

The Bombay High Court recently granted relief to a scientific officer at the Bhabha Atomic Research Center (BARC) over withdrawal of her resignation as she was suffering from systemic lupus erythematosus (SEL), an autoimmune disease.

A division bench of Chief Justice Dipankar Datta and Justice M.S. Karnik was hearing a petition filed by Vijayamathengee Iyer aggrieved by the dismissal of her application by the Central Administrative Tribunal, in 2018.

Ms. Iyer was appointed as a scientific assistant with BARC in 1988 and posted at the medical division. In due course she was promoted as scientific officer B and then C with effect from 2008.

In March 2010 she submitted her resignation on the ground that she was suffering from SLE and was on immunosuppressive therapy. Ms Iyer was, however, persuaded by authorities to revoke her resignation and continue to serve the Centre. Following the advice of her superiors she withdrew her resignation.

However, according to BARC, they did not receive any letter regarding withdrawal of resignation.

So, Ms. Iyer’s resignation was acted upon in June 2010 and she was permitted to relinquish charge with effect from May 2010. However, Ms. Iyer said she received the letter in July 2010. Meanwhile, she once again made a request to revoke the order of acceptance of her resignation on humanitarian grounds and submitted her medical reports.

The authorities denied the same which resulted in her plea before the Tribunal that dismissed her application.

In its order, the court held, “The petitioner (Ms Iyer) is entitled to limited relief of having her application dated June 10, 2010 considered by the authorities since the same was made within 90 days from date the resignation took effect and the Tribunal has failed to notice this.”

The court, therefore, set aside the order by the Tribunal and directed the Secretary, Department of Atomic Energy, to consider Ms Iyer’s request dated June 10, 2010 for revocation of the order of acceptance of her resignation with effect from May 26, 2010, in accordance with law.

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Printable version | Nov 29, 2021 9:36:56 PM |

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