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HC asks respondents to allow petitioner to resume her duty forthwith 3/2/2016 11:31:56 PM Early Times Report Srinagar, Mar 2: The resignation out of freewill id valid and not the one tendered under threat or duress, the state high court has said. Court also directed respondents to allow the petitioner to resume her duty forthwith. "A document can be said to be a resignation only when it is shown that the person has tendered it out of her/his own free will and without there being any threat or duress. Tendering of resignation must have freedom of choice to do the same," a single bench of the court comprising Justice Muzaffar Hussain Attar said. The court ruling came while allowing a review petition filed by a woman Masrat Jan, who had tendered the resignation after receiving threat to her life and the family if she joined the police. The woman was appointed as constable in Jammu and Kashmir Police Department on 1st November 1999 and submitted to court that she received phone call from unknown persons, informing her that in case she joins the Police Department, she along with her family will be killed. Masrat had said that because of the threat perception, she was compelled to submit her resignation. "Be that as it may, in view of the above stated declaration, there was no resignation in existence and termination of the petitioner on the same is nullity in law," the court said, adding, "Guarantees contained in Article 14, 16 and 21 of the Constitution stand violated in this case. The petitioner would be deemed to be continuing in service" . However, the court said, she shall not be entitled to full monitory benefits for the period for which she remained out of service. "The petitioner would be entitled for some monitory benefits for which appropriate orders will be passed by the respondents," the court said. Accordingly, the court allowed the review petition and recalled its judgement dtd 9 November 2010. "The review petition as also writ petition is disposed of and it is provided that the petitioner would be deemed to be continuing in service. The respondents to allow the petitioner to resume her duty forthwith," the court said.   Share This News with Your Friends on Social Network     Comment on this Story

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