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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Deepanshu Dhiman – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sandeep Sharma, J.
Petitioner, who did her MD in Anesthesia from GMCH Chandigarh (Punjab University) as a direct candidate, came to be appointed as Assistant Professor through direct recruitment at Dr. Yashwant Singh Parmar Medical College Nahan, on the recommendation of Himachal Pradesh Public Service Commission in the month of July 2022. On 16.8.2022, petitioner joined against the aforesaid post in the college concerned. On 2.1.2024, applications came to be invited by PGIMER, Chandigarh, for two posts of Assistant Professor (Anesthesia) (SC). Petitioner being fully eligible applied against the post in question pursuant to provisional NOC granted in her favour by the respondent-State vide communication dated 10.4.2024 (Annexure P-1). Result of selection process was published on 5.3.2025, and petitioner was recommended to the post of Assistant Professor (Annexure P-2).
2. After receipt of aforesaid offer, petitioner intimated her willingness to accept the appointment vide communication dated 6.3.2025 and requested to grant time till 18.3.2025 for joining. On 7.3.2025, petitioner submitted her technical resignation to the appointing authority i.e. Secretary (Health) Governme
An employee's resignation cannot be rejected based on staff shortages if no bond to serve was signed, affirming the right to career progression.
An employee's resignation cannot be denied based on staffing shortages, especially after the bond period has expired, affirming the right to career progression.
The court established that under the West Bengal Service Rules, an appointing authority cannot arbitrarily refuse a resignation once it has been duly submitted.
An employee cannot be forced to serve if not willing, unless there are stipulations in the rules or terms of appointment or pending disciplinary proceedings.
A bond obligation does not compel a doctor to serve if they are willing to pay the bond amount, allowing for the issuance of a No Objection Certificate for employment.
A resignation must be unconditional and comply with procedural requirements; failure to do so renders it invalid.
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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