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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NARSING RAO NANDIKONDA, P.SAM KOSHY
B. Somasekharamma W/o B.J. Christopher – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. This Writ Petition, under Article 226 of the Constitution of India is filed seeking the following prayer:
“to declare the rule 30(d) of A.P. State Subordinate Service Rules in so far as it relates to treating a person who is reappointed after accepting resignation as a fresh appointment and further declaring that he is not entitled to count any portion of service benefits and concessions admissible under any rule or an order as arbitrary illegal unconstitutional violating Article 14, 16 and 21 of the Constitution of India and set aside the same. And declare the impugned G.O.Rt No.12, Women Development Child Welfare Disable Welfare (Estt-A 1), Department dated 24.02.2009 issued by the 2nd respondent in so far as it relates to treating the reappointment of the applicant as fresh appointment as Supervisor Grade-I after allowing the applicant to withdraw her resignation is concerned as arbitrary illegal and unconstitutional in violation of Articles 14, 16 and 21 of the Constitution of India and set aside the same and issue consequential directions directing the respondents to count the previous service and continuity service of applicant without back wages increments for the
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.
An employee can withdraw a resignation before its acceptance, and actions implying continued service must be recognized, entitling the employee to benefits.
A resignation is invalid if not given with the stipulated notice under applicable rules, especially when submitted under acute mental distress.
Resignation without proper permission under Tamil Nadu Pension Rules forfeits past service, and delay in claiming benefits undermines entitlement.
A resignation must be unconditional and comply with procedural requirements; failure to do so renders it invalid.
An employee's resignation can be withdrawn before acceptance even if made conditionally, as long as the relationship has not been severed.
A resignation from government service is effective only upon acceptance by the appointing authority, and the employer has the right to reject it if conditions for resignation are not met.
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