H.C. Vimala vs The Commandant, Command Hospital and Others

Mohan M. Shantana Goudar, J.—The order dated 18.07.2014 passed by the Central Administrative Tribunal, Bangalore Bench in Original Application No. 1279/2013 is called in question in this writ petition. By the impugned order, the petitioner''s prayer for withdrawing the resignation letter tendered by her (after acceptance of the same), is rejected.

The records reveal that the petitioner was appointed as Safaiwali on temporary basis. While working as safaiwali under the respondents, she tendered resignation letter on 31.05.2013. The said resignation letter was accepted on 31.07.2013 with effect from 30th July, 2013. Thus, she was no more in service after 30th of July, 2013. However, the petitioner filed an application on 30th September, 2013 as per Annexure ''A12'' for permission to withdraw the resignation letter submitted by her. Such request of the petitioner was rejected by the respondents on 28.10.2013 as per Annexure ''A13''. The said order dated 28th October, 2013 was called in question by the petitioner before the Central Administrative Tribunal in O.A. No. 1279/2013, which came to be dismissed by the impugned order.

We do not find any ground to interfere with the impugned order, inasmuch as it is not open for the petitioner to withdraw the resignation letter after its acceptance by the employer. It is not a case wherein the petitioner had sought permission to withdraw the resignation letter prior to its acceptance. But she made an attempt to withdraw the resignation letter only after the same was accepted by the employer. Once the resignation letter is accepted and consequently once the employee is relieved from duties, it is not open for the concerned employee to seek for withdrawal of the resignation.

However, Sri Basavaraj Veerabhadra, learned counsel for the petitioner drew the attention of this Court to Annexure ''R2'' dated 6th May, 1958 i.e., the Office Memorandum No. 39/6/87-Ests.(A) issued by the Deputy Secretary, Government of India, Ministry of Home Affairs, New Delhi, to contend that it was open for the respondents to grant permission to withdraw the resignation letter even after its acceptance. The relevant portion of the said Office Memorandum relied upon by the petitioner reads thus:

"Authority competent to permit withdrawal of resignation: A resignation becomes effective when it is accepted and the officer is relieved of his duties. Where a resignation has not become effective and the officer wishes to withdraw it, it is open to the authority which accepted the resignation to refuse the request for such withdrawal. Where however, a resignation has become effective the officer is no longer in Government service and acceptance of the request for withdrawal of resignation would amount to reemploying him in service after condoning the period of break. As this would involve financial commitments, concurrence of the Ministry of Finance should be obtained before a request for withdrawal of resignation which has already become effective is accepted."

The aforementioned portion of the Office Memorandum dated 6th May, 1958, nowhere mentions that it is open for the petitioner to seek withdrawal of the resignation letter at any time, after its acceptance. It is clarified in the aforementioned relevant portion of the Office Memorandum that, where the resignation has become effective, the Officer is no longer in Government Service and acceptance of the withdrawal of the resignation subsequently would amount to reemploying him in service after condoning the period of break. This would involve financial commitments and hence, concurrence of the Ministry of Finance should be obtained before the acceptance of the request for withdrawal of the resignation, which has already become effective. Thus, it is clear that the aforementioned Official Memorandum does not give any right to the employee to seek permission to withdraw the resignation letter after its acceptance and after resignation becomes effective. Under extraordinary circumstances, the Department may think of permitting the concerned employee for withdrawing the resignation letter, that too, after obtaining the concurrence of Ministry of Finance.

Be that as it may since the Office Memorandum relied upon by the petitioner, no where discloses that the resignation could be withdrawn even after its acceptance as of right, the petitioner cannot claim that she may be accorded permission to withdraw the resignation letter after its acceptance. Since we find that the order of the Tribunal is just and proper, no interference is called for. Hence, petition stands dismissed.