In cases of unilateral resignation, no acceptance by the employer is required, and the resignation becomes effective upon communication to the competent authority.

1. The present appeal is directed against an order passed by the learned Single Judge on 25.11.2016, whereby the writ petition, challenging an order dated 29.12.2012 whereby the appellant was communicated that her resignation submitted on 2.7.2012 stands accepted therefore, her withdrawal of resignation cannot be considered.

2. Learned counsel for the appellant submitted that resignation was submitted on 2.7.2012, when the same was given to the Principal of the school. It is thereafter, the appellant sought to withdraw her resignation by communication dated 23.10.2012. The appellant reiterated her request on 17.12.2012 by submitting a request to the Collector, District - Khandwa. It is in pursuance to the said communications, the school informed the appellant on 29.12.2012 that her resignation was accepted soon after it was submitted and her salary was stopped. It is thereafter, the appellant was formally informed about the decision on the resignation on 10.12.2012.

3. Learned Single Judge dismissed the writ petition challenging the action of not permitting the appellant to withdraw her resignation on the ground that unilateral resignation does not require any acceptance. For such principle, the Court relied upon the judgments of Supreme Court in the cases of Moti Ram v. Param Dev - (1993) 2 SCC 725, Prabha Atri (Dr.) v. State of U.P. - (2003) 1 SCC 701; Shrikantha S. M. v. Bharath Earth Movers Ltd. - (2005) 8 SCC 314; Union of India v. Gopal Chandra Mishra - (1978) 2 SCC 301 and judgment in the case of Sitaram Jivyabhai Gavali v. Ramjibhai Potiyabhai Mahala and others - (1987) 2 SCC 262.

4. The relevant extract form the judgment of the Supreme Court reported as Moti Ram v. Param Dev, (1993) 2 SCC 725, read as under:

"16. As pointed out by this Court, 'resignation' means the spontaneous relinquishment of one's own right and in relation to an office, it connotes the act of giving up or relinquishing the office. It has been held that in the general juristic sense, in order to constitute a complete and operative resignation there must be the intention to give up or relinquish the office and the concomitant act of its relinquishment. It has also been observed that the act of relinquishment may take different forms or assume a unilateral or bilateral character, depending on the nature of the office and the conditions governing it. [See: Union of India v. Gopal Chandra Misra - (1978) 2 SCC 301] If the act of relinquishment is of unilateral character, it comes into effect when such act indicating the intention to relinquish the office is communicated to the competent authority. The authority to whom the act of relinquishment is communicated is not required to take any action and the relinquishment takes effect from the date of such communication where the resignation is intended to operate in praesenti. A resignation may also be prospective to be operative from a future date and in that event it would take effect from the date indicated therein and not from the date of communication. In cases where the act of relinquishment is of a bilateral character, the communication of the intention to relinquish, by itself, would not be sufficient to result in relinquishment of the office and some action is required to be taken on such communication of the intention to relinquish, e.g., acceptance of the said request to relinquish the office, and in such a case the relinquishment does not become effective or operative till such action is taken. As to whether the act of relinquishment of an office is unilateral or bilateral in character would depend upon the nature of the office and the conditions governing it.

17. Under the Constitution of India there are various offices which can be relinquished by unilateral act of the holder of the office and acceptance of resignation is not required, e.g., President [Article 56(a)], Vice-President [Article 67(a)], Deputy Chairman of Rajya Sabha [Article 90(b)], Speaker and Deputy Speaker of Lok Sabha [A