Dr. Mrs.Suman V. Jain vs Marwadi Sammelan Thr. Its Secretary

insc-2024-127 Supreme Court of India 20 February 2024 • CIVIL APPEAL NO. 1480 OF 2012 • 27 min read

Judges (2)

J.K. Maheshwari Delivered K.V. Viswanathan Coram

Parties (2)

Marwadi Sammelan Respondent Dr. Mrs. Suman V. Jain Appellant

Case Significance

Dr. Mrs.Suman V. Jain vs Marwadi Sammelan Thr. Its Secretary is a Supreme Court of India decision dated February 20, 2024 (citation: insc-2024-127). A college principal filed a prospective resignation but sought to withdraw it before the effective date. The Trust rejected the withdrawal and treated her as having resigned. The Supreme Court allowed the appeal, holding the withdrawal of a prospective resignation before its effective date is legally permissible, regularized the break-in-service period, and directed payment of pension and retiral benefits. The bench comprised Justices J.K. Maheshwari and K.V. Viswanathan. The judgment was delivered by Justice J.K. Maheshwari.

Summary

A college principal filed a prospective resignation but sought to withdraw it before the effective date. The Trust rejected the withdrawal and treated her as having resigned. The Supreme Court allowed the appeal, holding the withdrawal of a prospective resignation before its effective date is legally permissible, regularized the break-in-service period, and directed payment of pension and retiral benefits.

What was the outcome of Dr. Mrs.Suman V. Jain vs Marwadi Sammelan Thr. Its Secretary?

A college principal filed a prospective resignation but sought to withdraw it before the effective date. The Trust rejected the withdrawal and treated her as having resigned. The Supreme Court allowed...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (insc-2024-127)