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IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J.
Malay Pandey – Appellant
Versus
Dedicated Freight Corridor Corporation of India Ltd. – Respondent
W.P.(C) 474 of 2023 & CM APPL. 1857 of 2023 (Stay)
Decided On : 07-02-2023
Resignation - Employment - The court disposed of the writ petition seeking relief for the acceptance of resignation from employment as the resignation had already been accepted by the respondent.
Fact of the Case:
The petitioner filed a writ petition seeking relief for the acceptance of resignation from employment as Probationary Officer Executive HR from the respondent.
Finding of the Court:
The court found that the resignation of the petitioner had already been accepted by the respondent, and therefore, the grievance ventilated in the writ petition stood redressed.
Issues: The main issue was the acceptance of the petitioner's resignation from employment.
Ratio Decidendi: Since the resignation of the petitioner had been accepted, no further orders were required to be passed in the writ petition.
Final Decision: The writ petition along with pending application was disposed of by the court.
JUDGMENT
Jyoti Singh, J. (Oral)
1. Present writ petition has been filed by the Petitioner seeking the following reliefs:
"a) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to Respondent/Dedicated Freight Corridor Corporation of India Ltd., to relieve Petitioner from the services of the Respondent by accepting the resignation from employment as Probationary Officer Executive HR from Respondent/Dedicated Freight Corridor Corporation of India Ltd.;
b) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction quashing the decision of Respondent to refuse Petitioner's resignation on account of failure to find suitable replacement.
c) Pass any other and further order(s) that this Hon'ble Court may deem fit and proper in the interest of equity, justice and fair play."
2. Learned counsel appearing on behalf of the Respondent hands over an Office Order bearing No. 62/2023 dated 24.01.2023, whereby the resignation of the Petitioner has been accepted with immediate effect. Copy of the order has been handed over to learned counsel for the Petitioner.
3. Since the resignation of the Petitioner has been accepted and the grievance ventilated in the present writ petition stands redressed, no further orders are required to be passed in the writ petition.
4. Accordingly, the writ petition along with pending application is also disposed of.
The main legal point established in the judgment is that the acceptance of the petitioner's resignation from employment rendered the writ petition moot.
An employee can withdraw a resignation before its acceptance, and actions implying continued service must be recognized, entitling the employee to benefits.
A resignation must be unconditional and comply with procedural requirements; failure to do so renders it invalid.
An employee can withdraw a resignation before it becomes effective, even if accepted, as long as the employer-employee relationship persists.
An employee has the right to resign even after disciplinary proceedings if no further action is pending.
The main legal point established in the judgment is that a government servant can withdraw their resignation before its acceptance, as provided under Rule 7 of the Uttar Pradesh Government Servants R....
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.
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