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J.K. Cotton Spg. And Wvg Mills Co. ... vs State Of U.P. And Ors on 27 July, 1990

33. The vital aspect, which has weighed upon the learned Single Judge to treat the respondent No.1 as voluntary retired from service after 20 years, is absence of refusal by the appellants on the application made by the respondent no.1 seeking voluntary retirement. By placing reliance on the judgment of the Supreme Court in the case of Ms.J.K. Cotton Spg. & Wvg. Mills Company Ltd., Kanpur Vs. State of U.P. and others, AIR 1990 S.C. 1808, the learned Single Judge has held that since the respondent No.1 had filed an application for Page 13 of 23 Downloaded on : Fri Jul 12 22:44:34 IST 2024 NEUTRAL CITATION C/LPA/472/2024 CAV JUDGMENT DATED: 12/07/2024 undefined voluntary retirement before her resignation was accepted, she cannot be treated as resigned from the Government service. It is also held that there cannot be conditional resignation as mentioned in the Declaration.
Supreme Court of India Cites 12 - Cited by 95 - A M Ahmadi - Full Document
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