Shyam Narayan Tripathi v. Dedicated Freight Corridor Corporation of India Limited & Anr.

Delhi High Court · 01 Jun 2018 · 2018:DHC:8764
Sunil Gaur
W.P.(C) No. 6340/2018
2018:DHC:8764
employment petition_allowed

AI Summary

The Delhi High Court directed acceptance of the petitioner’s resignation upon pro rata discharge of the service bond and adjustment of salary for the notice period already served.

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HIGH COURT OF DELHI
Date ofOrder: June 1, 2018 W.P.(0 6340/2ni8 & CM No. 24383/2018
SHYAM NARAYAN TRIPATHI Petitioner
Through: Mr. Saurabh Agrawal and Mr. Kunal Mundhra, Advocates
VERSUS
DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LIMITED &ANR. Respondents
JUDGMENT

0 Through: Mr. VSRKrishna, Advocate CORAM: HON'BLE MR.

JUSTICE SUNIL GAUR ORDER (ORAL) Impugned communication of 13'^ April, 2018 (Annexure P-10) calls upon petitioner to discharge the service bond along with salary for the notice period as a pre-condition to acceptance of petitioner's resignation which was tendered way back on 4' April, 2018. Learned counsel for petitioner submits that petitioner has to join © National High Speed Railway Corporation Limited within amonth from 3'"'' April, 2018 and on instructions, it is submitted that that to facilitate petitioner's joining, the aforesaid Organization, service bond on pro rata basis would be discharged by petitioner within three days from today. Upon hearing and on perusal of impugned Communication, it is directed that if petitioner submits an application for discharge of the service bond, on pro rata basis, then petitioner's resignation be accepted WP (C) No. 6340/2018 ~ ^ 2018:DHC:8764 © rwithin a week of submission of the discharged service bond to enable petitioner to jointhe National High Speed Railway Corporation Limited. The salary for the notice period deposited by the petitioner be adjusted ifpetitioner had already served during the notice period. With the aforesaid directions, this petition and the application are accordingly disposedof. Copy of this order be given dasti to counsel for the parties, under the signatures of the CourtMaster.

(SUNIL GAUR)

JUDGE JUNE 01, 2018 P WP (C) No. 6340/2018 Page 2 of[2]