Judgment :- B. SUBHASHAN REDDY, C.J. 1. The writ petitioner is seeking a writ of Mandamus directing the fifth respondent to remain in office beyond 9.10.2001 in public interest. 2. The concern of the petitioner is that if the fifth respondent is permitted to resign, then, there will be a vacuum and, for even six months to come, the said vacancy may not be filled up and, as a result, the administration of Justice in service matters may suffer. 3. We appreciate the concern of the petitioner for the speedy disposal of the service matters. But, we are not having any power to restrain of fifth respondent from demitting her office for the reason that she is entitled to resign her office because of Section 9 of the Administrative Tribunals Act, 1985 (Act 13 of 1985) hereinafter referred to as the Act), which reads thus: “(9) Resignation and Removal. (1) The Chairman, Vice-Chairman or other Member may, by notice in writing under his hand addressed to the President, resign his Office. Provided that the Chairman, Vice Chairman, or other Member shall, unless he is permitted by the President to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest. (2) xxxxxxxxxxxxxxxx” 4. The fifth respondent was appointed to the office of the Tamil Nadu Administrative Tribunal as Member in March, 2001 for a period of five years or till she attains the age of 65 years, whichever is earlier. As seen from the above, Sub Section (1) of Section 9 of the Act enables the fifth respondent to resign her office by notice to the President and, under the Proviso thereof, three months notice should be given but even the same can be waived, if the President so decides. But, in the instant case, such a contingency does not arise, as the fifth respondent had given notice on 9.6.2001 and that would expire tomorrow i.e. 9.10.2001, as such, fulfils the requirement of the issuance of three months notice provided under the proviso to Sub Section (1) of Section 9 of the Act. 5. In view of this, no relief can be granted in this writ petition and the same is accordingly dismissed. 5. In view of this, no relief can be granted in this writ petition and the same is accordingly dismissed. Consequently, W.P.M.P. No. 27147 of 2001 is dismissed.