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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
Pawan Kumar Sarda, S/o Purshottam Sarda – Appellant
Versus
State Of Rajasthan through The Principal Secretary Department of Medical, Health And Family Welfare, Secretariat – Respondent
| 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 resignatio
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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