2026:JHHC:2984 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4979 of 2008 -- Dharmendra Prasad Sah, Son of Sri Ram Sundar Sah resident of Mohalla Indira Nagar, Jaruwadih (Old Dumka) Kamar Para, P.O. & P.S. Dumka, Dist: Dumka (Jharkhand) ... Petitioner VERSUS 1. Life Insurance Corporation of India through its Chairman, having its office situated at “Yogakshema", Jeevan Bima Marg, Mumbai-400021 2. Managing Director, having its office situated at " Yogakshema", Jeevan Bima Marg, Mumbai-400021 3. Zonal Manager, Life Insurance Corporation of India East Central Zonal Office, “Jeevandeep" Building 6th Floor, Exhibition Road, Patna-800001 4. Regional Manager (P&IR), Life Insurance Corporation of India, East Central Zonal Office, "Jeevandeep" Building, 6th Floor, Exhibition Road, Patna-800001 5. Sr. Divisional Manager, Life Insurance Corporation of India, "Jeevan Prakash", Julu Park, P.B. No. 5, Hazaribagh-825301 (Jharkhand) 6. Manager (P&IR) Life Insurance Corporation of India, "Jeevan Prakash", Julu Park, P.B. No. 5, Hazaribagh- 825301 (Jharkhand) ...Respondents -- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN -- For the Petitioner(s) : Ms. Saba Ali, Advocate For the Respondents : Mr.Sachin Kumar, Advocate Mr. Aditi Raj, Advocate -- 28/03.02.2026 Heard learned counsel for the parties. 2. The grievance of the Petitioner in the instant writ application is for quashing the letter dated 19.04.2007 issued by the 6th Respondent, whereby the petitioner was informed that resignation of the Petitioner had not been accepted by the competent authority and he was directed to join the service immediately. Petitioner has further prayed for issuance of appropriate writ with regard to payment of admitted dues 2026:JHHC:2984 2 like balance amount of provident fund, Gratuity, Group Insurance, Arrears of Salary, etc. along with interest. 3. The case of the petitioner is that on 29.07.2006, the petitioner gave his resignation and as per the Corporation’s Rules the petitioner was supposed to work continuously for three months and be on duty and not on leave, and three months’ period was with the respondents either to accept the resignation or to refuse the resignation. 4. Admittedly, within those three months; neither the petitioner was on duty, nor the resignation was accepted; however, finally after culmination of said period of three months, the disciplinary proceeding was initiated against the petitioner and he was punished for that. 5. At this stage, it is pertinent to indicate that when there was a specific clause that three months’ notice is necessary for resignation, it is deemed that for the next three months the employee is supposed to attend the job regularly without any leave and on the other hand within those three months, the resignation has to be either accepted or rejected. Admittedly, in this case nothing had happened; rather a show cause notice was issued to the petitioner and in the year 2011 he was dismissed from service. 6. This subsequent action of the Respondents in terminating the petitioner is not sustainable in the eye of law as the same is against the settled proposition of law, 2026:JHHC:2984 3 inasmuch as, the respondents were duty bound to take a final decision upon the resignation application in the stipulated period of 3 month i.e. either to accept the resignation or to rejected the same. 7. Accordingly, the letter dated 19.04.2007 issued by the 6th Respondent, whereby the petitioner was informed that the resignation of the petitioner had not been accepted by the competent authority; is hereby quashed and set aside. Consequently, any order subsequent thereto; is also quashed. 8. It has been informed by learned counsel for the petitioner that only an amount of Rs. 5,06,327/- has been paid to the petitioner. Now, the petitioner is before this Court for the balance amount of provident fund of Rs. 15,55,995/- with interest as well as interest on the amount earlier paid as gratuity and GSLI which he was entitled for. The Respondent-Corporation is directed to recalculate the entire benefit including interest/statutory interest considering the date of resignation on culmination of three months, and further pay all admissible dues along with interest. It is clarified that the interest would be calculated from the date of entitlement till the date of actual payment and statutory interest on delayed payment of gratuity as well as GLSI as per the existing applicable Corporation’s Rule. 2026:JHHC:2984 4 It goes without saying that the entire exercise for payment of full benefits shall be completed within a period of 12 weeks from the date of receipt of a copy of this order. If the petitioner would be having any grievance with respect to principal or interest; then, he may approach the concerned Respondent/Forum for redressal of his grievance, if so advised. 9. As a result, the instant writ application stands disposed of. Pending I.A(s), if any, also stands closed. (Deepak Roshan, J.) 3rd February, 2026 Jk Uploaded on 18/03/2026