The court affirmed that accepted voluntary resignation cannot be reversed without substantial legal grounds or evidence, particularly concerning mental health claims made after acceptance.

JUDGMENT :

KISHORE C. SANT, J.

1. Heard Mr. Jadhavar, the learned Advocate for the Petitioner, and Mr. Lakhotiya, the learned AGP for Respondent Nos. 1 to 4 -State.

2. Rule. Rule made returnable forthwith. With the consent of the parties, the petition is taken up for final disposal.

3. The petitioner has challenged the Judgment and Order dated 29^th January 2025, passed by the learned Member, Maharashtra Administrative Tribunal, (for short “Tribunal”), Mumbai, Bench at Aurangabad, in Original Application No.586 of 2024.

4. The learned Member, Maharashtra Administrative Tribunal, by way of impugned Judgment and Order, was pleased to dismiss the Original Application filed by the petitioner. Respondent Nos. 1 to 4 are the State and its Authorities.

5. The facts in short, giving rise to the present writ petition, are that the petitioner joined the services of the Respondents as a Medical Officer on 22^nd June 2002. She lost her husband due to a heart attack. On 31^st January 2023, being a single parent, she filed an application seeking earned leave for the period from 27^th February 2023 to 17^th March 2023 for the examination of her daughter. The said leave was not sanctioned, looking to the responsibilities attached to her post. The petitioner gave notice for voluntary retirement on 5^th April 2023 to take effect from 4^th July 2023. The reasons stated in the application were that she had lost her husband due to a heart attack and that she suffers from hypertension, hyperlipidemia with IBS. On 17^th April 2023, she changed her mind and prayed that her application seeking voluntary retirement be allowed to be withdrawn. On 2^nd May 2023, the Joint Secretary, State Government directed Respondent No.3 – Director of Public Health Department, to send a detailed proposal of retirement alongwith an opinion on her application. By communication dated 30^th June 2023 by the Joint Secretary, State Government informed the petitioner that since her services were required by the State, her notice of resignation was not accepted. However, by another communication dated 4^th July 2023, her resignation came to be accepted. The petitioner thus stood retired from 4^th July 2023. Till this stage, there is no dispute.

6. The petitioner, however, subsequently, after four months of retirement i.e. on 20^th November 2023 wrote an application to the Principal Secretary, Public Health Department, Mantralaya, Mumbai, stating that she had filed an application for voluntary retirement under depression. She stated that she was suffering from depression as she was required to stay away from her children and also due to health reasons. She also stated that she had not accepted any other job. She had not started private practice. On this letter, the Chief Administrative Officer, Health Services Commissionerate, Mumbai, informed that there is no provision of taking back a person into service after resignation is accepted and acted upon, by referring Rules 66(1)(2)(3)(4)(5) of the Maharashtra Civil Services (Pension) Rules, 1986 (hereinafter referred to as “Pension Rules”), and directed the Deputy Director of Health Services, Chh. Sambhajinagar, to inform the petitioner that it was not possible to take her back in service after voluntary retirement.

7. The petitioner thereafter approached Maharashtra Administrative Tribunal, Aurangabad by filing an Application. It is prayed that it be held and declared that the order dated 4^th July 2023 is illegal and arbitrary, as it was passed without considering the withdrawal of voluntary retirement notice dated 5^th April 2023 by her application dated 17^th April 2024.

8. The learned Member