Case Note & Summary
The case involved an appeal by the Director General of Police against a judgment of the Madurai Bench of the Madras High Court, which had reinstated the respondent, a police constable, after she withdrew her resignation. The respondent had resigned on 1 June 2017, which was accepted on 12 June 2017. She attempted to withdraw her resignation on 13 July 2017, after it had already been accepted. The High Court ruled that the resignation could be withdrawn within a ninety-day notice period as per Section 50 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016. The appellants contended that the acceptance of resignation was valid and that the respondent could not withdraw it after acceptance. The court analyzed Rule 35A of the Tamil Nadu Police Subordinate Services, which allowed withdrawal of resignation only before acceptance. It concluded that the acceptance was valid and that the withdrawal was legally ineffective. The Supreme Court allowed the appeal, set aside the High Court's order, and affirmed the dismissal of the writ petition, clarifying that the respondent could apply for reappointment in the future. No costs were awarded.
Headnote
A) Employment Law - Resignation Acceptance - Validity of Resignation - Tamil Nadu Government Servants (Conditions of Service) Act, 2016, Section 50 - The court held that once the resignation was accepted, the employee could not withdraw it, as per Rule 35A of the Tamil Nadu Police Subordinate Services. The High Court's conclusion that withdrawal was permissible within the notice period was contrary to the provisions of the Rules. Held that the acceptance of resignation was valid and the withdrawal was of no legal consequence (Paras 9-10).
Issue of Consideration
Whether the acceptance of resignation was valid and if the employee could withdraw it after acceptance.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and affirmed the dismissal of the writ petition, clarifying that the respondent could apply for reappointment in the future.
Law Points
- Resignation
- Withdrawal of Resignation
- Notice Period
- Employment Law
- Police Service Rules
