IMPORTANT POINTS
The competent authority has the power to refuse withdrawal of resignation, but as per the office memorandum, the reason has to be recorded in writing and intimated to the employee.

JUDGMENT :

A.M. SHAFFIQUE, J.

1. These appeals arise out of judgment dated 18.5.2020 in W.P. (C) No. 14345/2019. The writ petitioner Sri. Bharat Singh Rawat joined as Deputy Registrar in the service of the National Institute of Technology, Calicut on 8.2.2017. He submitted a letter of resignation dated 8.11.2018 (Ext.P26). In Ext.P26 letter of resignation, he stated that he was not happy to work anymore in the Institute. He sought leave to withdraw the resignation, if he gets selection in any other department-organization before the date of relieving and request was made to condone the period of notice, if required. On receipt of the same, the Director of the respondent called upon him to furnish the detailed reasons for his unhappiness in the Institute and the letter of resignation was returned. The petitioner again, by letter dated 8.11.2018 (Ext.P5) reiterated his request for resignation, of course, stating that “I am not interested to work anymore in NITC, therefore, I tender my resignation, provided leave shall be granted to withdraw before the date of relieving.” The competent authority was also requested to condone the period of notice. In Ext.P5, the Registrar had made an endorsement on 16.11.2018 as under:

“As per the NIT Statutes, the permanent employee of the institute may resign after giving 3 months' notice. As per Swamy's hand-book on Resignation, it should be clear and unconditional; stating the clause of providing leave to withdraw is not in order. He may be relieved on suitable date without any conditions.”

2. By Ext.R(1)(b) dated 16.11.2018, petitioner was relieved from the duty of Deputy Registrar (Establishment) and he was given the duty of Deputy Registrar (Administration) on 16.11.2018. Petitioner went on leave on 16.11.2018 prefixing the holidays on 17.11.2018 and 18.11.2018.

3. The competent authority accepted the notice of resignation on 22.11.2018 and the acceptance was communicated to the petitioner on 4.12.2018 as per Ext.P10.

4. On 28.11.2018, petitioner had sent an email (Ext.P9) withdrawing the notice of resignation tendered as per Ext.P5 since he got selection on deputation in East Delhi Municipal Corporation. The respondent by Ext.P10(2) dated 4.12.2018 informed East Delhi Municipal Corporation that they have accepted the notice of resignation submitted by the petitioner. By Ext.P11 dated 7.12.2018, petitioner requested the respondent to reconsider their decision in accepting the resignation and to withdraw the notice of resignation. Competent authority rejected the same as per Ext.P12 dated 7.1.2019. Petitioner was relieved on 11.1.2019 and he was issued with an experience certificate dated 11.1.2019. In the light of the aforesaid facts, petitioner challenged Ext.P10 and the rejection of his representations and sought for a direction to allow him to rejoin duty after withdrawing his resignation with full backwages and other allowances, and also for compensation, litigation costs etc.

5. The respondent apparently took up a contention that insofar as the petitioner had resigned from the said post which was accepted by the competent authority, he cannot seek for withdrawing the resignation after the date on which the competent authority had accepted his resignation.

6. Learned Single Judge after elaborately considering the factual and legal aspects involved in the matter allowed the writ petition and issued the following directions:-

“55. The writ petition stands ordered as follows:

(A) Orders in Ext.P10 dated 04.12.2018, Ext.P12 dated 07.01.2019 and Ext.P13 dated 11.01.2019 are quashed as illegal, contrary to the jurisdiction vested in respondent and the law laid down by the Supreme Court.

(B) That refusing to accept the request made in Ext.P9 dated 28.11.2018 is illegal. Petitioner is entitled to withdraw the notice of resignation dated 08.11.2018 before communication of acceptance is received from respondent.

(C) The petitioner is entitled to be reinstated with notional continuity of service and without b