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ANIL KSHETARPAL
J. N. Verma – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. assessment of resignation acceptance and withdrawal. (Para 2 , 3 , 4 , 9) |
| 2. finality of the court's decision to dismiss the appeal. (Para 5 , 11 , 12) |
| 3. consideration of arguments regarding withdrawal of resignation and private practice. (Para 6 , 7 , 8 , 10) |
JUDGMENT
Anil Kshetarpal, J.
The correctness of the concurrent findings of fact arrived at by the courts below is assailed by the plaintiff in this second appeal.
2. The plaintiff's suit for grant of decree of declaration that the order dated 08.12.2009, while accepting the appellant's resignation dated 16.08.1999, is illegal, null and void and therefore, the appellant is entitled to be reinstated with full back wages, continuity of service, seniority, promotion and other consequential benefits.
3. He was serving as a Dental Surgeon in General Hospital, Kaithal. He claims that he was suffering from Hepatitis-B and his 9 years daughter was also suffering from brain hemorrhage. He submitted his resignation on 16.08.1999, however, he withdrew the same in November, 1999. Thereafter, he has been making representations for permitting him to join but the resignation has been accepted on 08.12.2009, which is illegal.
The acceptance of resignation and the subsequent refusal to reinstate after 15 years is upheld due to lack of timely challenge.
The legal point established is that the withdrawal of resignation renders subsequent acceptance of resignation with no legal effect, and entitlement to pensionary dues should be based on completing t....
A resignation accepted unconditionally cannot be withdrawn unilaterally, and a suit for declaration regarding continuation in service is not maintainable if the employee is not classified as a workma....
The acceptance of resignation was invalid due to non-timely action by the department and discriminatory practices in handling similar cases.
Resignation can be withdrawn before its acceptance.
An employee can withdraw a resignation before its acceptance, and actions implying continued service must be recognized, entitling the employee to benefits.
An employee's resignation is effective upon acceptance by the employer, and withdrawal must occur before acceptance; acceptance of benefits indicates cessation of employment.
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