Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
K. Chandra Sekaran – Appellant
Versus
District Collector – Respondent
ORDER :
M. DHANDAPANI, J.
Aggrieved by the orders passed by the respondents, thereby rejecting the claim of the petitioner for reinstatement, the petitioner is before this Court.
2. The petitioner, who was working as Village Administrative Officer in Modaiyur Village, Polur Taluk, Thiruvannamalai District, submitted a resignation letter dated 23.09.2011 to the District Revenue Officer, the 3rd respondent herein, stating that, certain individuals had compelled him to sanction old age pension to the ineligible persons. However, the petitioner was issued with charge memo under rule 17(a) of Tamil Nadu Civil Services (Disciplinary and Appeal) Rules on 06.07.2012. Though the petitioner submitted his explanation to the charge memo, no further orders were passed even after a lapse of two years from the date of resignation.
3. Assuming that his request for resignation had not been accepted by the respondents, the petitioner submitted a series of representations to the respondent authorities seeking transfer as well as the payment of arrears of salary by treating the period of his absence as a duty period. However, neither any enquiry was conducted nor any orders were passed which prompted the
A resignation under the Tamil Nadu Government Servants Act is deemed accepted after three months of notice without a response, negating claims for reinstatement post-acceptance.
The court held that resignations cannot be accepted while disciplinary proceedings are pending, affirming the principle that withdrawal of resignation restores continuity of service.
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.
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.
A resignation must be unconditional and comply with procedural requirements; failure to do so renders it invalid.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
