Resignation – Legality of rejection of request for withdrawal of prospective resignation – Principle of vinculum juris that relationship of employer and employee continues during resignation notice period.
On 1.7.1992, the Appellant was appointed as Principal of B.M.Ruia Girls and G.D.Birla Girls College affiliated to SNDT University and run by the Respondent No.1 Trust.
On 25.3.2003, the appellant submitted intimation of resignation from 24.9.2003 due to serious health issues. On the same day, the President informed the appellant that the Committee had decided to conduct a detailed inquiry, the appellant was directed to proceed on leave and hand over to another official.
Thereafter, in three days, the President informed the appellant to submit unconditional resignation. The appellant informed the management to consider her prayer to accept resignation from 24.9.2003.
On 8.4.2003, the resignation was accepted vide letter dated 8.4.2003.
However, the appellant had withdrawn her resignation on 9.9.20023 and the same was rejected by the management.
HELD that the letter dated 25.3.2003 is an intimation of resignation from a prospective date of 24.9.2003, which could have been withdrawn by the appellant prior to the effective date. There is no rule or regulation brought to our notice which restrains such withdrawal. In the absence of anything contrary in the provisions governing the terms and conditions of the office or post and in the absence of any legal contractual or constitutional bar prospective resignation can be withdrawn at any time before it becomes effective as discussed above. However, in the peculiar facts and circumstances of the case, the period from 249.2003 to 1.10.2007 was regularised and counted as on duty without any break for all purposes including pension.
