IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Karshanbhai Shamlaji Mali - Appellant
Versus
Union of India - Respondent
W.P.(C) 15193 of 2022
Decided On : 03-11-2022

Withdrawals of resignation must comply with stipulated timelines and demonstrate changed circumstances to be valid.

Headnote:(A) Central Civil Services (Classification, Control and Appeal) Rules - Resignation - Petition for quashing orders relating to resignation and withdrawal - Petition dismissed as representations for withdrawal filed after more than a year lack merit and contravene guidelines under CCS CCA Pension Rules regarding timeliness of withdrawal. (Paras 1-3)

(B) Legal Principle - The appointing authority's discretion to permit withdrawal of resignation is contingent upon adherence to specified timelines and justifications; representations made after a significant delay without showcasing change of circumstances are not valid. (Paras 2-3)

Facts of the case:
The petitioner resigned from service effective 31.08.2019, and subsequent representations for withdrawal were submitted over a year later, without changes in circumstances as required by relevant rules. (Para 2)

Findings of Court:
The court found no merit in the petition and dismissed it based on the criteria established by CCS CCA Pension Rules. (Para 3)

Issues: The core issue was whether the petitioner's late representations for the withdrawal of resignation, lacking change of circumstances, could be accepted under the applicable regulations. (Para 2)

Ratio Decidendi: The court reasoned that compliance with the stipulated time frame for withdrawal of resignation is essential and that the absence of timely communication and justification invalidates the request. (Para 2)

Result: Petition dismissed.