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RAKESH MOHAN PANDEY
Shailendra Kumar Khamparia S/o Late Shri Krishna Kumar Khamparia – Appellant
Versus
Chhattisgarh State Civil Supplies Corporation – Respondent
JUDGMENT :
RAKESH MOHAN PANDEY, J.
1. The petitioner has preferred this petition seeking the following reliefs:
10.2. This Hon’ble Court be pleased to quash the impugned orders dated 06/09/2016 (Annexure P-1) and 29/03/2017 (Annexure P-2) by issuing a writ in the nature of certiorari.
10.3. This Hon’ble Court be pleased to direct the respondents to treat the petitioner in service for all practical purposes and also direct them to grant all consequential and pecuniary benefits thereof.
10.4. This Hon’ble Court be pleased to pass such other orders as it may deem fir under the facts and circumstances of the case, in favour of the petitioner against the respondents.
10.5. This Hon’ble Court be pleased to direct the respondents to pay a compensation to the petitioner to the tune of Rs. 5,00,000 (Rs. Five Lakhs only) for harassing him by reviving the resignation request which was already turned down on 29/03/2016. This Hon’ble Court be pleased to award costs of the proceedings.”
2. Briefly stated facts of the present case are that the petitioner was initially appointed on daily wages as an Assistan
A resignation must be unconditional and comply with procedural requirements; failure to do so renders it invalid.
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 its acceptance, and actions implying continued service must be recognized, entitling the employee to benefits.
A resignation tendered by an employee voluntarily, unless accepted, cannot bring an end to the employment contract, as per Clause 20 of the employment contract and Rule 36 of the Gujarat Civil Servic....
The main legal point established in the judgment is that a resignation is effective when it operates to terminate the employment, and the acceptance of a resignation is valid if it is voluntary and i....
A resignation from government service is effective only upon acceptance by the appointing authority, and the employer has the right to reject it if conditions for resignation are not met.
An employee can withdraw a resignation before it becomes effective, even if accepted, as long as the employer-employee relationship persists.
The court held that resignations cannot be accepted while disciplinary proceedings are pending, affirming the principle that withdrawal of resignation restores continuity of service.
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