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PULLA KARTHIK
Mothukuri Babu Rao – Appellant
Versus
State of Telangana – Respondent
ORDER :
This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:
a. To declare the action of the respondents in treating the petitioners employment as re appointment instead of treating the petitioners employment as continuation of his service as on dated: 30- 03-2022 as illegal, arbitrary, unconstitutional and violation of the principles of natural justice thereby to set aside the proceedings of the 3rd respondent, bearing No. E1/692(2)/2022-RM-KMM, dated: 11-05-2022 in treating the petitioners appointment as re appointment even after application of the petitioner for withdrawal of resignation before one month and even before issuance of proceedings dated: 11-05-2022 accepting the resignation by the 3rd respondent with effect from dated: 19-04-2022;
b. To direct to return the amount deposited by the petitioner as per the orders of R-5 while forwarding the letter of resignation of the petitioner; and…”
2. The brief facts of the case are that the petitioner began working as a Tyre Mechanic in respondent No.2 Organization on 21.02.1990 and continued as such until 27.06.2012. Thereafter, he was appointed as an A
An employee can withdraw a resignation before its acceptance, and actions implying continued service must be recognized, entitling the employee to benefits.
A resignation must be unconditional and comply with procedural requirements; failure to do so renders it invalid.
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 can withdraw a resignation before it becomes effective, even if accepted, as long as the employer-employee relationship persists.
The acceptance of resignation was invalid due to non-timely action by the department and discriminatory practices in handling similar cases.
An employee's resignation is effective upon acceptance by the employer, and withdrawal must occur before acceptance; acceptance of benefits indicates cessation of employment.
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.
A resignation accepted unconditionally cannot be withdrawn unilaterally, and a suit for declaration regarding continuation in service is not maintainable if the employee is not classified as a workma....
Resignation can be withdrawn before its acceptance.
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