• Service matter. Withdrwal of resignation subsequent to acceptance

I wanted guidance on the rule position wrt withdrawal of resignation once it has been accepted in March 2015 in the previous department( an autonomous body under HRD Ministry) on exceptional grounds that at the new place of appointment ( joined in July 2014)which is also through UPSC process,   if the fresh CAT  cases in present  appointment  declare the selection process as null and void and that too after appx 1 yaer of joining at new place.This is a Class 1 gazetted post.

Am I left with the option to join back in my previous department in such an eventuality?
Can you also suggest a lawyer in around Dwarka new Delhi?
Asked 1 year ago in Civil Law from New Delhi, Delhi
1) once your resignation has been duly accepted you cannot with draw the same . 

2)the Government has the power to accept the resignation so as to bring  about

a severance of relationship of master and  servant  with  immediate  effect.
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
In Jai  Ram  Vs. Union of  India & ors., AIR 1954 SC 584, the Apex Court considered   the case of self-seeking retirement of an employee under the  Statutory Rules and subsequently changed his mind. The Court held as under:-

"It may be conceded that it is open to a servant,  who  has expressed a desire  to retire  from  service and applied to his superior   officer,  to   give  him the requisite  permission to change his  mind subsequently and ask for cancellation of the permission thus obtained;  but he can be  allowed  to  do  so  as  long  as  he continues in service and not after he has been terminated."

In Raj Kumar Vs. Union of India & ors.,  AIR 1969  SC  180, the Apex Court considered  the case of resignation  tendered  by  a  member   of Indian Administrative  Service  on 21-8-64. His case for acceptance of    resignation was recommended by the State Government and the Government of India accepted his resignation vide order dated 31-12-64   but   asked the   Chief Secretary to the Government of Rajasthan  "to intimate  the  date on which the  (employee)  was relieved   of  his  duties  so  that   a   formal notification  can be issued in that behalf."  The officer filed an application on 27-11-64 to withdraw his resignation. However, vide  order dated 29-3-65,  he  was directed to be  relieved.  He approached  the  Court for quashing  the order dated  29-3-65  and  also the  order  dated 31-10-64,  the  Court rejected his  case  holding that till  the  resignation was accepted  by  the Authority  in consonance with the rules governing its acceptance,  the public servant concerned has locus poenitentiae  but  not thereafter. The resignation became effective on the date of its acceptance by the Government of India and a subsequent withdrawal of the resignation was ineffective even if acceptance of the resignation was not intimated to him.   The Court held as under:-

"The letters written by the appellant on 21-8-64 and 30-8-64 did not indicate that the   resignation  was not to become effective until acceptance thereof was intimated to the appellant. The appellant informed the Authorities of the State of Rajasthan that his resignation may be forwarded for early acceptance. On the plain terms of the letters, the resignation was to become effective as soon as it was accepted by the appointing authority."
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
1. Resignation cannot be withdrawn after acceptance except if the resignation is conditional.

2. Declaration as null and void of the process by which you are selected in the new department does not invalidate the resignation from the previous body.


Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
There are no possibilities for getting reinstated once your resignation was accepted and your services were terminated hence dont waste your time, energy and money on it. 
There is no dearth of lawyers in Dwarka, you may look for one yourself by visiting the association of lawyers in the said court advocate association.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0

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