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.
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 9 years ago in Civil Law
4 Answers
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."
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.
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.
