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SANJAY KUMAR MEDHI
Gangdiap Gangsa, S/o Late Gangnyan Gangsa – Appellant
Versus
State of AP represented through Secretary, Geology and Mining – Respondent
JUDGMENT :
Heard Shri T. T. Tara, learned counsel for the petitioner and also heard Shri S. Tapin, learned Senior Govt. Advocate, Arunachal Pradesh who has filed an affidavit-in-opposition.
2. Considering the subject matter of the dispute and as agreed to by the learned counsel for the parties, the instant writ petition is taken up for disposal, at the admission stage.
3. The issue is with regard to the acceptance of the resignation of the petitioner.
4. The petitioner was appointed as Assistant Mining Development Officer in the Department of Geology & Mining vide an order, dated 03.08.2009. It is the case of the petitioner that he has rendered unblemished service for about 14 years.
5. Contemplating to contest the forthcoming Assembly Election, 2024, the petitioner had submitted a resignation letter on 08.09.2023 to the appropriate authority. However, the same was not acted upon which was required to be done within a period of 90 days. By an additional affidavit, the petitioner has also brought on record that though a No Objection Certificate (for short, ‘NOC’) was given, the same was cancelled and such cancellation was the subject matter of the dispute in another writ petition being W
The court established that the acceptance of resignation and its effective date are determined by the relevant legal provisions and interpretations, as well as the specific circumstances of the case.
An employee can withdraw a resignation before it becomes effective, even if accepted, as long as the employer-employee relationship persists.
A resignation cannot be withdrawn after its acceptance.
An employee cannot withdraw his resignation after it has been accepted by the employer.
An employee's resignation is effective upon acceptance by the employer, and withdrawal must occur before acceptance; acceptance of benefits indicates cessation of employment.
The main legal point established in the judgment is that a teacher's resignation should be made voluntarily, and if the employee withdraws such resignation, it is duly entitled to do so.
Resignation with immediate effect by railway servant cannot be rejected on staff shortage grounds under IREC Rule 302 absent pending disciplinary proceedings; employer cannot force continuance or ini....
The acceptance of resignation was invalid due to non-timely action by the department and discriminatory practices in handling similar cases.
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