LI Network
Published on: January 11, 2024 at 11:00 IST
In a recent decision, the Jabalpur Bench of the Madhya Pradesh High Court has firmly established that once an employee’s resignation is accepted, it cannot be withdrawn.
Justice Vivek Agarwal declared that “once the resignation was accepted, there cannot be any withdrawal as the bilateral relationship of Master and Servant has ceased to exist.”
The case pertained to a Police Constable seeking reinstatement in service, 16 years after his resignation was accepted.
The petitioner argued that he resigned in 1994 due to the ‘torture’ he endured while in service and subsequently sought reinstatement in 2010, a request denied by the Director General of Police.
The respondents contended that since the petitioner had submitted his resignation to the Superintendent of Police, there was no provision for reinstatement after acceptance of the resignation.
The Court noted that despite initial reluctance, the petitioner refused to withdraw his voluntary retirement request, leading to its acceptance.
Referring to the precedent set by the Supreme Court in P. Lal v. Union of India (2003), the court emphasized that the acceptance of voluntary retirement severs the Master and Servant relationship. The court cited legal principles supporting the notion that withdrawal of resignation after acceptance is impermissible.
Justice Tiwari observed, “once resignation was made and it was accepted, then its withdrawal after acceptance is not permissible.”
The Court concluded that the respondents’ refusal to permit the petitioner’s reinstatement was justified, ultimately dismissing the plea.
