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HARISH TANDON, PRASENJIT BISWAS
State of West Bengal – Appellant
Versus
Somak Krishna Biswas – Respondent
JUDGMENT :
1. Admittedly the respondent joined the services in the Department of Health and Family Welfare, M.A. (MES) Branch, on 3rd November, 2015. Subsequently the respondent decided to tender resignation, as he did not intend to continue with the said service and the letter of resignation dated 28th September, 2018 was caused upon the competent authority for acceptance.
2. As usual there was no decision taken on the said letter of resignation. The Tribunal was moved by the respondent being OA 478 of 2019 for a mandatory direction upon the authority to issue the release order in favour of him and also for quashing and/or setting aside the Finance (Audit) Notification No. 4499-F(P) dated 26th August, 2016 as ultra vires to the Constitution of India.
3. The said tribunal application came to be disposed of on 10th February, 2020 with the categorical finding that the respondent has abandoned the relief whereunder he challenged the amendment of the Rules for the time being and insisted upon the first relief, i.e. the direction to issue release order. In the backdrop of the above, the said tribunal application was disposed of directing the Director of Medical Education & Ex-Officio Secr
The main legal point established is that the lifting of an embargo on resignation should be considered in the context of the timing of the resignation and the relevant provisions prevalent at the tim....
An employee cannot be forced to serve if not willing, unless there are stipulations in the rules or terms of appointment or pending disciplinary proceedings.
The acceptance of resignation was invalid due to non-timely action by the department and discriminatory practices in handling similar cases.
An employee can withdraw a resignation before it becomes effective, even if accepted, as long as the employer-employee relationship persists.
The court established that under the West Bengal Service Rules, an appointing authority cannot arbitrarily refuse a resignation once it has been duly submitted.
The legal point established is that the withdrawal of resignation renders subsequent acceptance of resignation with no legal effect, and entitlement to pensionary dues should be based on completing t....
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