Case Note & Summary
The respondent, Sanjay Kumar S. Zumbre, was a direct recruit IRS Officer of the 1992 batch. He was transferred to Guntur Commissionerate at Vishakhapatnam (Vizag) vide order dated 23 June 2007. He represented against the transfer on 29 June 2007 citing his father's health condition, but joined duties at Vizag on the same day. On 9 August 2007, he tendered his resignation from IRS, requesting to be relieved by 21 September 2007. The Chief Commissioner forwarded the resignation to the competent authority on 23 August 2007. The respondent subsequently withdrew his resignation on 12 November 2007, before any acceptance was communicated to him. However, the petitioners (Union of India) treated the resignation as accepted and did not allow him to rejoin. The respondent filed Original Application No. 504 of 2009 before the Central Administrative Tribunal (CAT), which by order dated 28 March 2014 allowed the application and directed the petitioners to allow the respondent to rejoin service if he offers to resume within two weeks, and to treat the period of absence from 12 November 2007 in accordance with law and leave rules. The petitioners challenged this order before the Bombay High Court. The High Court held that since the resignation was withdrawn before acceptance, the respondent was entitled to rejoin service. The court dismissed the writ petition, upholding the CAT order.
Headnote
A) Service Law - Resignation - Withdrawal Before Acceptance - An employee who tenders resignation and withdraws it before the resignation is accepted by the competent authority is entitled to rejoin service, as the resignation does not take effect until acceptance. The court upheld the CAT order directing the Union of India to allow the respondent to rejoin service, treating the period of absence in accordance with leave rules. (Paras 3-10) B) Service Law - Reinstatement - Direction to Rejoin - The CAT directed the petitioners to allow the respondent to rejoin service if he offers to resume within two weeks, and to treat the period of absence from 12 November 2007 suitably in accordance with law and leave rules. The High Court dismissed the writ petition challenging this order. (Paras 3, 10)
Issue of Consideration
Whether an employee who tendered resignation but withdrew it before acceptance is entitled to rejoin service, and whether the CAT order directing reinstatement was valid.
Final Decision
The High Court dismissed the writ petition, upholding the CAT order dated 28 March 2014. The petitioners were directed to allow the respondent to rejoin service if he offers to resume within two weeks, and to treat the period of absence from 12 November 2007 in accordance with law and leave rules.
Law Points
- Resignation not accepted before withdrawal
- employee entitled to rejoin
- Central Civil Services (Pension) Rules
- 1972 Rule 26
- Fundamental Rule 18
- Article 226 of Constitution of India
