A resignation is ineffective if not tendered in person to the appropriate authority and processed according to specific statutory requirements.

JUDGMENT :

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

The appellant – original petitioner was a Teacher. He approached the Gujarat Secondary Education Tribunal, Ahmedabad, by filing application with a grievance that the management of the School under which he had been serving, did not consider and accept his request for withdrawal of the resignation. The Tribunal by its judgment and order dated 16.9.2009, refused to entertain the prayer on the ground that the petitioner had not withdrawn the resignation before it became effective.

2. The applicant teacher thereafter preferred Special Civil Application which came to be dismissed by learned single Judge as per judgment and order dated 19.11.2019, upholding the decision of the Tribunal.

2.1 It is this judgment and order dated 19.11.2019 dismissing the petition and confirming the order of the Tribunal that is brought under challenge in this Letters Patent Appeal.

3. Noticing the relevant dates, the appellant petitioner tendered his resignation by addressing letter dated 7.2.2005 to the school management. It was stated in the said letter that the resignation would become effective on 30.6.2005. In other words, it was conditional resignation proposed to take effect from the future date.

3.1 It appears that before the effective date of resignation, that is 30.6.2005, could arrive, the petitioner appellant withdrew the same. A withdrawal letter dated 25.6.2005 was prepared. The said withdrawal communication, however, was dispatched on 30.6.2005 by the appellant.

3.2 Learned single Judge, however noticed the relevant dates and observed in its judgment that the petitioner dispatched the letter on 29.6.2005, the date prior to effective date mentioned in the resignation letter, however, observed that the said letter of withdrawal did not reach the management before the effective date. It was reasoned by learned single Judge in para 13 of the order that the appellant could have dispatched the letter of withdrawal of resignation immediately.

“It is the case of the petitioner that on 21.06.2005, he dispatched a letter by Registered Post A.D. after a period of 8 days on 29.06.2005 informing the School Management that he intends to withdraw his resignation. Such action of the petitioner needs to be deprecated since if he was serious enough of withdrawing his resignation, he could have dispatched it immediately on the very same day so that the respondents could have an occasion to deal with the same. The petitioner dispatched his letter dated 21.06.2005 only on 29.06.2005 i.e. one day prior to the effective date mentioned in his resignation letter. He also dispatched the same by Registered Post A.D. and the aforesaid letter dated 21.06.2005 was not received by the District Education Officer and the Management before the effective date of 30.06.2005. Be that as it may, the undisputed fact remains the petitioner made an application of withdrawing his resignation after the same was accepted, and such decision was communicated to him.”

3.3 The position of law regarding acceptance and withdrawal of resignation by a government servant could be gathered from the decision of the Supreme Court in Rajkumar Vs. Union of India [AIR 1969 SC 180], in Raj Narain Vs. Smt. Indira Nehru Gandhi [AIR 1972 SC 1302] and from yet another decision in P. Kasilingam Vs. P.S.G.College of Technology [AIR 1981 SC 789].

3.4 The principles stated are that upon tendering of resignation by a government servant, his services would stand terminated from the date when the resignation becomes effective and when the resignation is accepted by the appropriate authority, and in absence of any law or statutory rule governing the conditions of his services to the cont