Supreme Court - Daily Orders
Maruti Narayan Satpute vs Maharashtra State Road Transport ... on 1 February, 2019
Bench: Arun Mishra, Navin Sinha
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 1502/2019
(ARISING FROM SLP(C) NO(S).10140/2017)
MARUTI NARAYAN SATPUTE APPELLANT(S)
VERSUS
DIVISIONAL CONTROLLER,
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION,
SOLAPUR, MAHARASHTRA RESPONDENT(S)
O R D E R
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 Signature Not Verified Digitally signed by NARENDRA PRASAD (2005) 8 SCC 314], Shambhu Murari Sinha v. Project & Date: 2019.02.07 17:53:53 IST Reason: Development India Ltd. & Anr., [reported in (2002) 3 SCC 437], 1 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. 2
8. Pending application(s), if any, shall stand disposed of.
...........................J .
[ARUN MISHRA] ...........................J. [NAVIN SINHA] NEW DELHI;
FEBRUARY 01, 2019.
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ITEM NO.33 COURT NO.4 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 10140/2017
(Arising out of impugned final judgment and order dated 19-01-2017 in WP No. 879/2004 passed by the High Court Of Judicature At Bombay) MARUTI NARAYAN SATPUTE PETITIONER(S) VERSUS DIVISIONAL CONTROLLER, MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, SOLAPUR, MAHARASHTRA RESPONDENT(S) Date : 01-02-2019 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. Sachin Patil, AOR For Respondent(s) Mr. J.N. Singh,Adv.
Mr. Manish Kr. Gupta,Adv. For Mr. Saurabh Mishra, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of.
(NARENDRA PRASAD) (JAGDISH CHANDER) COURT MASTER COURT MASTER
(Signed order is placed on the file) 4