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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA, J.
Dr. Pawan Kumar Sarda, S/o Purshottam Sarda - Petitioner
Versus
State Of Rajasthan through The Principal Secretary Department of Medical, Health And Family Welfare, Secretariat - Respondent
S.B. Civil Writ Petition No. 21577 of 2025
Decided On : 04-02-2026
| Table of Content |
|---|
| 1. challenge to acceptance of resignation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. petitioner's arguments against resignation acceptance. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 3. court's analysis of procedural validity. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. quashing of orders and entitlement to continue. (Para 23) |
| 5. conclusion and directive for actionable orders. (Para 24 , 25 , 26) |
ORDER :
REKHA BORANA, J.
1. The present writ petition has been filed aggrieved of order dated 16.07.2025 (Annexure-5) whereby the resignation of the petitioner stood accepted with retrospective effect i.e., w.e.f. 01.11.2024. The consequential office order dated 22.07.2025 (Annexure-8) is also under challenge whereby the petitioner was relieved and vide which, the accounts officer was directed to recover the amount paid qua salary to the petitioner since 01.11.2024.
2. A challenge has also been laid to communication dated 10.10.2025 (Annexure-9) whereby the application as submitted by the petitioner for withdrawal of his resignation stood rejected.
3. The facts are that the petitioner who was working as a Professor of Cardiology at Dr. S.N. Medical College, Jodhpur submitted his resignation vide application dated 02.10.2024 w.e.f. 01.11.2024. However, no decision/action on the said application was taken by the competent authority and the petitioner therefore preferred a writ petition (S.B. Civil Writ Petition No.6754/2025) before this Court.
4. Vide order dated 01.04.2025, the Court, while disposing of the writ petition, directed the competent authority of respondent Department to take a decision on pending application dated 02.10.2024 as filed by the petitioner. The Court directed to decide the application as expeditiously as possible but not later than three months from the date of order.
5. However, no decision within the time stipulated/directed by the Court was taken and in such circumstances, vide application dated 11.07.2025 (Annexure-3), the petitioner prayed that he be transferred to Medical College, Jaipur as his father who was residing at Jaipur, was suffering from serious ailment. An email to the said effect was also forwarded by the petitioner.
6. No action on the above application was also taken by the respondent Department. However, vide communication dated 16.07.2025 (Annexure-5) his resignation was accepted w.e.f. 01.11.2024. Vide communication dated 18.07.2025 (Annexure-6), the petitioner was informed of the acceptance of his resignation.
7. Soon after the receipt of the above communication, vide application dated 19.07.2025 (Annexure-7), the petitioner submitted that as no decision on his application for resignation was taken by the Department within the stipulated time, he prayed for transfer, which request was also not adhered to. In the changed circumstances, the petitioner was desirous to continue and hence prayed for withdrawal of order dated 16.07.2025.
8. However, the said request of the petitioner stood rejected vide office order dated 22.07.2025 (Annexure-8) on the pretext that the order accepting his resignation was passed in compliance of the orders of the Court and hence, after having once been relieved, in terms of Rule 22 of the Rajasthan Service Rules, 1951 (hereinafter referred to as ‘the Rules of 1951’), his application for continuance in service cannot be accepted.
9. Aggrieved of the above, the present writ petition has been filed.
10. Counsel for the petitioner while relying upon the Hon’ble Apex Court judgment in Andhra Bank Vs. K. Sudha Nagraj ;1999 SCC (L&S) 793 submitted that the petitioner was entitled to withdraw his application for resignation at any time before the relieving order being passed. Evidently, the relieving order was passed on 22.07.2025 whereas the petitioner had already withdrawn his application vide communication dated 19.07.2025. Therefore the rejection of the application for withdrawal of resignation as well as acceptance of his resignation is totally illegal and erroneous.
11. C
The acceptance of resignation was invalid due to non-timely action by the department and discriminatory practices in handling similar cases.
A resignation must be unconditional and comply with procedural requirements; failure to do so renders it invalid.
An employee can withdraw a resignation before it becomes effective, even if accepted, as long as the employer-employee relationship persists.
An employee can withdraw a resignation before its acceptance, and actions implying continued service must be recognized, entitling the employee to benefits.
The court held that resignations cannot be accepted while disciplinary proceedings are pending, affirming the principle that withdrawal of resignation restores continuity of service.
Resignation withdrawal acceptance condones service interruption per DOPT OM; invalidates subsequent disciplinary action for unauthorized absence.
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 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.
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