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GANESH RAM MEENA
Hemant Dhand – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. challenge to acceptance of resignation and request for withdrawal. (Para 1 , 2) |
| 2. respondents argue against withdrawal as per government rules. (Para 3 , 4) |
| 3. court analyzes rules regarding resignation and withdrawal. (Para 5 , 6 , 7 , 8) |
| 4. court distinguishes cited cases based on specifics. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 5. no reemployment right after resignation acceptance. (Para 16 , 17 , 18) |
| 6. petitioner did not argue against specific governmental decision. (Para 19) |
| 7. writ petition dismissed for lack of merit. (Para 20 , 21) |
JUDGMENT :
Ganesh Ram Meena, J.
The petitioner has filed instant writ petition with the prayer to quash and set aside the order dated 26.11.2014 passed by the Deputy Secretary, Department of Home (Gr.12), Government of Rajasthan, whereby the resignation submitted by him was accepted w.e.f. 02.12.2014. The petitioner has also prayed to quash and set aside the order dated 04.10.2019 passed by the Deputy Secretary, Department of Home (Gr.12), Government of Rajasthan, whereby his request for withdrawal of his resignation was not entertained. Further, the petitioner has also prayed to quash and set aside the decision No.1(d) of the Govern
An employee, including a Government Servant, has the right to seek withdrawal of resignation within a reasonable time, and the duty period for all purposes should be considered.
An employee can withdraw a resignation before it becomes effective, even if accepted, as long as the employer-employee relationship persists.
The court held that resignations cannot be accepted while disciplinary proceedings are pending, affirming the principle that withdrawal of resignation restores continuity of service.
A resignation accepted unconditionally cannot be withdrawn unilaterally, and a suit for declaration regarding continuation in service is not maintainable if the employee is not classified as a workma....
An employee's resignation is effective upon acceptance by the employer, and withdrawal must occur before acceptance; acceptance of benefits indicates cessation of employment.
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