Acceptance of resignation
I joined school Edu deptt of MP as lecturer in July1993. Up to Feb 2006 services were regular. On 21 Feb 2006 onward I submitted n application for leave on health ground and joined back after summer vacation on 24 June 2006. Thereafter again submitted application on medical ground and continuously submitted application for extension. I was not in position to continue therefore in Aug 2009 submitted unconditional resignation. In April 2013 deptt published seniority list on website wherein my name was also included. Therefore in July 2013 I requested deptt that my resignation has not been accepted so far therefore again submitting request for VRS. No action by deptt . Again reminder in Aug 2013 . After this deptt issued a charge sheet in Dec 2013 stating that I am absent from duty since 20 Feb 2006 without prior sanction of leave and instructed to submit explanation. In explanation I submitted that I had submitted application for leave on medical ground as per rule and due to unavoidable conditions to continue the services unconditional resignation was submitted in Aug. 2009 therefore charges are not correct. DE established in March 2014. During proceedings of enquiry I presented that the I proceeded on leave by giving application as per rule and also submitted the certificate from medical board as instructed by Principal . The enquiry report March 2016 was forwarded to me by deptt for my representation. In Enquiry report the finding is charge Partly Proven. In representation I submitted so many flaws of report. After representation deptt issued order in July 2016 stating about abolishing the proceedings of enquiry and accepted resignation wef Aug 2009. Under above circumstances Is acceptance of resignation wef Aug 2009 legal? I feel deptt has refused to accept resignation even when I submitted the fact of submission of resignation in explanation in Dec 2013on charge sheet I was present in front of enquiry officer as an employee during proceedings of enquiry.
Pl advise whether I can claim for VRS or not and entitled for pension benefits?