• Resignation

I am working as an Assistant Professor ( full time )  in a college in West Bengal.I had applied for a post in an University and got selected.However, the principal of the college is not accepting my resignation on the ground that there is no Governing Body ( due to some technical difficulties- the formation is delayed awaiting the name of Govt. nominee ) in the college at present . Can I send my resignation by registered post and email to the Principal of the college ( without waiting for acceptance and issue of Release Order ) as the time of joining the University, even after extension of 1 month is nearing very soon.
Asked 26 days ago in Civil Law from Kolkata, West Bengal
resignation can be sent by email and regd post 

2) you have to serve the notice period as mentioned in your appointment letter . 

3) you cannot  join the university without serving the notice period in college 

4) i presume you have acknowledgment from the principal office of the college about having sent the resignation letter 
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
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Dear concerned. 

Yes you can send your resignation through speed post and stop going after you have received your dues. If there is a notice period do serve that notice period. Do keep the receipt of the speed post and later the delivery report of the resignation letter. They might come handy later. 


Best of luck 
Atulay Nehra
Advocate, Noida
437 Answers
15 Consultations
4.7 on 5.0
1. Yes, do send the resignation by post as well e-mail to the official e-mail address of the appointing authority only if you are a temporary/ad hoc employee. Meres sending to resignation to Principal is not enough.
2. You have to do the same to the authority which issued you the appointment letter with copy to the Principal.
3. However do check with your new employer to find put whether without a valid release letter they can appoint you in a new post .
4. Since you appear to be a full time employee I do not think mere sending of resignation letter will do. Absence of a valid release letter may jeopardise your new employment.
5. However nothing to worry as in that case a filing of writ petition would solve your problem.
Feel free to contact in case of further need.
Devajyoti Barman
Advocate, Kolkata
5229 Answers
54 Consultations
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Send your resignation through a registered AD to the principal and then join the university. If you wait then your wait could be endless. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1) litigation is an expensive proposition 

2) it takes years for suit to be disposed of 

3) since you have submitted resignation to college principal serve the notice period mentioned in appointment letter and join the university 
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
5.0 on 5.0
Yes, that is why I advised you to file writ petition as in this deadlock only the court can intervene and resolve the problem.
If you are from WB/Kolkata feel free to contact for this purpose.
Devajyoti Barman
Advocate, Kolkata
5229 Answers
54 Consultations
4.9 on 5.0
1. What is the notice period required to be given while tendering resignation as mentioned in your appointment letter?

2. You can submit your resignation asking to be released after the notice period   letter by speed post and after few days collect the track record of receipt from the internet.

3. It is not your fault that there is o Governing body for which you should not suffer.

4. inform the Principal that you shall approach High Court  if you are not released on the scheduled date and if release order is not issued on that date.

5. Make sure that your new employer will be ready and agreeable to allow you to join them without submitting the release order from your present employer as otherwise you shall face serious problem.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
1. The Principal is the representative of the GB and shall have to take decision in cases of such exigencies.

2. Your appointing university is not responsible for your not being released.

3. However, you can file a W.P. against your present employer with the prayer for  direction to accept your resignation and  issue you the provisional release letter pending the issue of formal release letter after the GB is formed and also for a direction upon the said University to allow you to join with the provisional release letter pending the issue of formal release letter after the GB of your present college is formed.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
You can send in your resignation letter by registered post to the principal of the college and after observing or complying with the conditions mentioned in the employment offer letter, you may very well join the new organisation even without getting a relieving letter from the previous employer.
But you may have to give an explanation to the new employer about this in writing if you are asked to furnish the details of the previous employment and the relieving letter etc,. 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
If the Governing body of the college is not existing temporarily, then the college principal shall be the caretaker in its absence.
He can very well issue relieving letter on behalf of the appointing authority.
You can issue notice to the college principal and can endorse a copy to the new employer (university) in this regard.
You may try to solve the issue amicably as far as possible since this is not going to end now itself.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0

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