Chief General Manager, Bharath Sanchar Nigam Limited and The General Manager Maintenance, BSNL Southern Telecom Region Microwave Station Building, Kaloor Ernakulam - 682017 vs Manoj. D. Engineering Assistant, All India Radio Thiruvananthapuram, Residing at Mahesh Bhavan T.C 6/75, Vattiyoorkavu P.O. Thiruvananthapuram - 695013

Manjula Chellur, C.J.—The petitioners are before this court being aggrieved by review orders in O.A. No. 485 of 2011 as per Ext. P6. It is not in dispute that the respondent herein was originally working in All India Radio(AIR) as Engineering Assistant. While working so, through proper channel, he got appointment in BSNL as Junior Telecom Officer. However, he had the benefit of two years lien in the parent department, AIR to go back, from BSNL department. During the lien period, he got employment in AIR through proper channel. Therefore, he wanted to go back to his parent department. Then he submitted request as per Annexure A2, explaining why he intends to go back to AIR. This Annexure A2 is the technical resignation of the applicant from the post of Junior Telecom Officer in BSNL. As a matter of fact, he had his lien upto 16.7.2011. As per Annexure RA2, an undertaking by way of declaration, was given by this respondent agreeing to pay such amounts as the appointing authority fixes, if he intends to resign his employment without complying with 30 days'' notice in writing. Annexure A2 is nothing but the said required notice in writing, 30 days in advance. Though Annexure A2 does not indicate any particular date, from which his resignation has to come into effect, the applicant did not indicate any urgency or immediate action on this application. Therefore, the petitioners could have even waited for the lapse of one month before they could accept this resignation. In the absence of any intention to get relieved within one month from the date of Annexure A2, there was no justification for relieving the applicant within 15 days imposing payment of amounts to BSNL. There is no violation of any of the undertaking by the respondent/applicant. Therefore, Tribunal was justified in saying, BSNL has to refund the amounts. However, having regard to the situation, we grant two months'' time from the date of receipt of copy of this judgment, to refund the amounts due to the respondent/applicant, as directed by the Tribunal.

Original petition is disposed of as above.