A resignation intended to take effect in the future could be withdrawn before the specified date, nullifying the resignation.

Narinder Thakur, Vice Chairman: This O.A. has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following main reliefs:- "I) That the notification (Annexure-A/5) dated 19.6.2004 whereby it has been conveyed that the resignation of the applicant has been accepted in the facts and the circumstances of the case be quashed. ii) That the respondents be directed to treat the applicant in service in continuity without having any effect of the notification dated 19.6.2004 (Annexure-A/5). iii) That the respondents may be directed to pay the applicant his salary for the month of June, July, August and September, 2004 immediately. iv) That the respondents be directed to produce the whole record for the perusal of this Tribunal."

2. The applicant is aggrieved by the impugned order dated 19.6.2004 (A-5) i whereby his conditional resignation has been accepted. The facts germane to determine the present controversy are in narrow compass as follows:-

3. The applicant tendered his resignation on 15.6.2004 (A-2). By this time he has put in about 30 years of service. The said resignation was however, withdrawn shortly thereafter on 17.6.2004 (A-3). Interestingly the haste shown by the concerned authority in accepting the resignation of the applicant clearly indicates towards the non-application of mind on the part of concerned authority.

4. Be it be noted herewith the resignation dated 15.6.2004 was handed over by the applicant to one Shri Gopal Verma, Legal Assistant in the absence of respondent No.2 who had gone to Vidhan Sabha on that day. Likewise, the with drawl letter dated 17.6.2004 (A-3) was also made to respondent No.2 through the Joint Director (College), Director of Education, Shimla, who in turn had forwarded the same to respondent No.2. Annexure-A/3, clearly bears the endorsement made by Dr. D. C. Katoch. However, the stand taken by respondents in their reply that they have not received with withdrawal letter does not seem to be correct in view of the endorsement made on (A-3). Notwithstanding, if the plea of respondents in this regard is taken to be. correct that he has not received the communication with respect to the withdrawal of conditional resignation, the facts as are born out of the records, the said communication was already in the possession of respondent department may be the same has not actually been seen by respondent No.2 personally. In this eventuality too, the legal position is that once an incumbent has withdrawn his resignation before being accepted the said resignation cannot be accepted. Any delay in placing the withdrawal letter before the concerned competent authority due to internal mal-functioning g cannot be made a pretext to nullify the settled legal position It is also observed from the record that after withdrawal of resignation the applicant has joined duties on 19.6.2006.

5. We have heard the learned counsel Shri C.N. Singh for the applicant and Shri D.C. Pathik, learned Additional Advocate General for respondents and have gone through their pleadings and we have also gone though the record produced by the respondent State.

6. It is admitted position from the pleadings that the applicant has given the conditional resignation vide Annexure-A/2 which reads as under: - "To The Director of Education, Himachal Pradesh, Sub: Conditional Resignation. Sir, In compliance of your letter No. EDN-II(I) B (6)3/2003 dated 15 May, 2004 I am ready to join in the Estt-I Branch in the post of Senior Assistant (Grade-11 Supdt. As per my clerical seniority) On the other hand I am a senior most Stenographer in the Education Directorate, therefore, I may be attached with the Senior Most Officer and if you are unable to attach me with senior officer as per my seniority, then kindly accept my resignation as I feel very much humiliation/mental harassment." Annexure/A-3 the request for the with drawl of conditional resignation which reads as under: "To The Director of Educa