Resignation Tendered By Govt Employee Can Be Withdrawn At Any Time Before Its Acceptance: Allahabad High Court

The Allahabad High Court has observed that a resignation tendered by a government servant can be withdrawn at any time before its acceptance. 

A bench of Justice Manjive Shukla observed thus while examining Rules 6 and 7 of the Uttar Pradesh Government Servants Resignation Rules, 2000, which deal with the matters of resignation from service by government servants. 

The Court was essentially dealing with a writ petition filed by one Poornima Singh who had moved the Court challenging an order passed by the District Basic Education Officer, Etah whereby her resignation from the post of Assistant Teacher had been accepted.

Singh-Petitioner was posted as an Assistant Govt Teacher in Junior Basic School Mirzapur, Block Awagarh, District Etah. The petitioner being an unmarried female candidate was having some difficulty reaching the aforesaid school as the same was situated at a distant place therefore, she requested the District Basic Education Officer, Etah to change her posting to another school.

In her writ petition, she asserted that instead of considering her request, a person posted as a clerk in the office of the District Basic Education Officer, Etah provided a printed letter and affidavit to the petitioner and asked her to sign the said papers with an assurance that in the next counselling based on such papers her posting may be changed. She signed the same and submitted it to the office of the District Basic Education Officer on February 5, 2021.

However, thereafter, she realized that the contents of the letter and affidavit that she submitted amounted to her resignation from the post of Assistant teacher, hence, she withdrew her resignation on that day itself by submitting another application. She also wrote to higher authorities explaining the situation.

Finally, on March 31, 2021, she was served with a copy of the order sent by the Block Education Officer whereby the petitioner for the first time came to know that her resignation from the post of Assistant Teacher had been accepted by the District Basic Education Officer, Etah vide order dated 31.3.2021.

She moved the Court on the ground that once she withdrew her resignation, there was no reason for the appropriate authority to accept her resignation.

Before the Court, her counsel relied on Rule 7 of the UP Government Servants Resignation Rules, 2000 wherein it has been categorically provided that a government servant may withdraw his resignation by requesting in writing to the appointing authority before its acceptance.

Against the backdrop of these facts and circumstances, the Court opined that once the petitioner submitted her resignation on 5.2.2021 and thereafter she withdrew the said resignation by submitting two applications before the District Basic Education Officer, Etah, first personally in his office on 5.2.2021 itself and second, through registered post on 11.2.2021, there was no reason for the concerned authority to accept the said resignation.

The Court also referred to several rulings of the Allahabad HC holding that resignation tendered by an employee can be withdrawn at any time before its acceptance.

In view of the the law laid down in such judgments, the Court opined that after the petitioner withdrew her resignation, the order of accepting her resignation was unsustainable in the eyes of the law and thus, the same was liable to be quashed.

In view of this, the writ petition was allowed and the District Basic Education Officer, Etah was directed to allow the petitioner to join on her post of Assistant Teacher in Junior Basic School Mirzapur, Block Awagarh, District Etah within four weeks and to pay her current salary as and when it becomes due.

The Court further provided that the petitioner shall be entitled to get 25% of the salary admissible to her for the period from 5.2.2021 till the date of her reinstatement in service and the said amount shall be calculated and paid to the petitioner within four months.

Case title - Poornima Singh vs. State Of U.P. And 4 Others 2024 LiveLaw (AB) 205

Case citation: 2024 LiveLaw (AB) 205

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