Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Rajinder Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J.
1. The present regular second appeal is preferred against judgment and decree dated 31.03.2004, passed by learned Civil Judge (Senior Division), Hisar, whereby, the civil suit filed by the appellant was dismissed as well as judgment and decree dated 22.05.2006, passed by learned Additional District Judge, Hisar, whereby the appeal filed by the appellant was also dismissed.
BRIEF FACTS OF THE CASE
2. Brief facts of the case as per the pleadings in the civil suit are that the appellant/plaintiff was appointed on the post of Horticulture and Floriculture Instructor by the Director of Industrial Training and Vocational Education, Haryana, Chandigarh on the recommendations of the Services Selection Board Haryana vide No. TE/153/22/13087 dated 6-3-1992 and accordingly he joined the duties on 20-3-1992 at Vocational Education Institute, Faridabad. That after joining on the post, the appellant/plaintiff applied for Station leave from 23-5-1992 but due to unavoidable circumstances he could not report on duty upto 28-5-1992 and on 28-5-1992 the appellant/plaintiff requested for earned leave but the same was not granted to him on account of short period of service b
A resignation accepted unconditionally cannot be withdrawn unilaterally, and a suit for declaration regarding continuation in service is not maintainable if the employee is not classified as a workma....
In cases of fraudulent appointments, the appointment orders are non-est in the eyes of the law, and no enquiry is required before terminating the services.
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's application for voluntary retirement is effective if not refused, and resignation cannot be accepted retroactively without following proper procedures.
An employee's resignation is effective upon acceptance by the employer, and withdrawal must occur before acceptance; acceptance of benefits indicates cessation of employment.
The acceptance of resignation and the subsequent refusal to reinstate after 15 years is upheld due to lack of timely challenge.
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
