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VIVEK AGARWAL
Madhav Prasad Pandey S/O Shri Shayam Sunder Pandey – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
1. Petitioner's contention is that petitioner was working as a 'Constable' in the Police Department. Due to torture meted out to him, he had submitted his resignation in February, 1994. That resignation was accepted by the Superintendent of Police, District Rewa on 13/06/1994. Thereafter, he had moved an application to reinstate him in service which was disallowed by the Director General of Police, Police Headquarters. Thereafter, petitioner made several communications which were not entertained.
2. Petitioner has sought issuance of writ against the respondents seeking quashing of the orders Annexures P-1 to P-4 with a further direction to the respondents to reinstate the petitioner in service with all consequential benefits and interest @ 14 % per annum.
3. State has filed its return and has categorically taken a stand that since petitioner submitted his resignation as contained in Annexure R-1 and the same was accepted, there is no provision for reinstatement after acceptance of the resignation and thus, petitioner is not entitled to the relief claimed by him.
4. It is pointed out by Shri Arnav Tiwari, learned Panel Lawyer that infact after submission of his resignation, it c
The acceptance of resignation based on medical grounds and the entitlement to relief after acceptance of resignation.
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.
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.
The acceptance of resignation and the subsequent refusal to reinstate after 15 years is upheld due to lack of timely challenge.
An employee can withdraw a resignation before it becomes effective, even if accepted, as long as the employer-employee relationship persists.
The withdrawal of resignation and seeking reinstatement is subject to the appointing authority's discretion and should involve public interest.
The acceptance of resignation was invalid due to non-timely action by the department and discriminatory practices in handling similar cases.
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