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.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Certiorarified Mandamus, calling for the records relating to the impugned order in Rc.No.17/AVD/COP/2022 in O.O.No.11/2022 dated 03.02.2022 and the consequential impugned order in Rc.No.Estt.II (10/AVD/COP/17/2022 dated 31.05.2022 passed by the third respondent and quash the same and consequently, direct the second and third respondent to consider the representation dated 05.04.2023 made by the petitioner herein to reinstate the petitioner back into services as Grade I Police Constable in the third respondent office.)

1. The petitioner herein was appointed as Grade II Police Constable at Trichy Battalion-I on 01.08.2001. Subsequently, she was promoted as Grade I Police Constable in the year 2010. On 28.01.2022, she had tendered her resignation from the post, stating that she intended to contest in the Local Body Election. The resignation was accepted by the third respondent herein through his proceedings dated 03.02.2022. In this background, on 20.04.2022, she had made a representation to the third respondent herein seeking for ''withdrawal'' of her notice of resignation on the ground that she had on the ill-advice of her family members, coerced to contest in the Local Body Election as an independent candidate and owing to her mental agony, she had tendered her resignation. The third respondent herein through his proceedings dated 31.05.2022 had rejected her request by stating that her resignation was accepted on her request in accordance with Rule 49 and 50 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 [hereinafter referred to as ''Act'']. Thereafter, the petitioner made an appeal to the first respondent herein on 05.04.2023 against the order of the third respondent dated 31.05.2022. The first respondent herein had forwarded the appeal to the second respondent on 26.04.2023. Since the appeal has not been considered within a reasonable time, the present Writ Petition has been filed.

2. Heard Mr.E.Lenin, learned counsel for the petitioner and Mr.S.Prabhakaran, learned Government Advocate appearing on behalf of the respondents.

3. The legal issue that arises for consideration is as to whether a Government Servant who tenders his resignation, which is accepted by the Head of the Department, can seek for ''withdrawal'' of such resignation. Section 49 of the Act provides that when a member of service resigns his appointment, he would forfeit not only his service rendered by him in a particular post, but also all his services under the Government. The proviso to Rule 49 states that when the member of the Service resigns his appointment for the purpose of contesting an Election, he shall not be eligible for reappointment to any service.

4. The law governing the aforesaid provisions has been dealt with by the Hon''ble Supreme Court in the case of J.N. Srivastava Vs. Union of India and another reported in1998 (9) SCC 559, where a similar set of facts were involved before the Hon''ble Supreme Court, whereby the employee had tendered his resignation which was accepted by the Authorities and thereafter wrote a letter to withdraw his voluntary retirement proposal, within three months from the date on which he had submitted his voluntary retirement letter. The Hon''ble Supreme Court had placed reliance on one of their decision in Balram Gupta Vs. Union of India reported in1987 (Supp) SCC 228 and held that even when the Authorities had accepted the offer for voluntary retirement, the employee would be entitled to withdraw his offer for voluntary retirement, provided the same is made within three months from the date of his voluntary retirement notice. The relevant portion of the order reads as follows:

“3. The short question is whether the appellant was entitled to withdraw his voluntary retirement notice of three months submitted by him on 3-10-1989 which was to come into effect from 31-1-1990. It is tru