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HIGH COURT OF UTTARAKHAND
ANITA PANDEY – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
JUDGMENT :
Ravindra Maithani, J.
1. The challenge in this Petition is made to the communication dated 31.10.2023 of the respondent no. 4/Manager, HR (Human Resources), State Infrastructure & Industrial Development Corporation of Uttarakhand Limited (“SIIDCUL”), by which the petitioner was informed that her resignation is approved by the Management as per request. The petitioner also seeks directions that the petitioner may be permitted to withdraw her resignation notice dated 10.10.2023 and allow the petitioner to join on the post of Receptionist.
2. It is the case of the petitioner that she was appointed as Receptionist in SIIDCUL on 27.09.2016; she worked on the position; she was given additional work on multiple occasions. The events thereafter, which are necessary for adjudication of the petition are as follows:-
(i) On 23.03.2023, the Managing Director, SIIDCUL (“MD, SIIDCUL”) attached the petitioner in the Directorate of Industries at Dehradun. The petitioner was further given additional charge.
(ii) On 10.10.2023, due to certain family problems and in view to look after her child, the petitioner tendered her notice of resignation to the MD SIIDCUL.
(iii) On 31.10.2023, according t
A resignation can be withdrawn before acceptance; without a formal order of acceptance, resignation remains ineffective, allowing for withdrawal and reinstatement.
An employee's resignation can be withdrawn before acceptance even if made conditionally, as long as the relationship has not been severed.
Non-communication of acceptance of resignation does not invalidate the resignation, and the resignation becomes effective on its acceptance, even if the acceptance is not communicated, as long as the....
An employee can withdraw a resignation before it becomes effective, even if accepted, as long as the employer-employee relationship persists.
A resignation is invalid if not given with the stipulated notice under applicable rules, especially when submitted under acute mental distress.
Point of Law : The Board in exercise of power conferred under Section 33 read with Section 34 of IIIT Act with the approval of the Visitor notified the First Statute of IIIT. Statute 10 provides term....
The main legal point established in the judgment is that a teacher's resignation should be made voluntarily, and if the employee withdraws such resignation, it is duly entitled to do so.
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 court held that resignations cannot be accepted while disciplinary proceedings are pending, affirming the principle that withdrawal of resignation restores continuity of service.
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