When a resignation letter has been submitted as well as it has been accepted, and such acceptance has been duly communicated, then later the employee cannot withdraw the resignation letter. A divisional bench comprising Hon’ble Justice Manmohan and Justice Navin Chawla, in the matter of Bijendra Yadav Vs. Union of India and ANR (W.P.(C) 1835/2021), dealt with an issue where a writ petition had been filed challenging the order passed by Central Administrative Tribunal (CAT) on 14th May 2019.
In the present case, the petitioner had filed a writ petition against the order passed by the Central Administrative Tribunal to pray for a direction of the court to the respondent, to reinstate the petition in the service as Scientist ‘E’ with all consequential benefits.
The counsel for the Petitioner submitted that the CAT had failed to consider that the petitioner neither resigned nor intended to resign from his post in Defence Research and Development Organisation (DRDO), rather the petitioner by the letter of 10th August 2017, had meant to seek a transfer to a family station as his wife was unwell.
Further, a paper book revealed that the petitioner was appointed as scientist ‘E’, on an adhoc basis on 9th August 2016. He sought extensions to join and after the delayed joining, the petitioner used to remain absent on multiple days due to family reasons. In the letter of 10th August 2017, the petitioner requested to either transfer him or accept his resignation.
As per the Respondent, the petitioner had withdrawn his resignation letter on 2nd November 2017. But, prior to his withdrawal, the resignation was accepted on 1st November 2017 and the same was communicated to the petitioner on 7th November 2017.
The court upheld the view of the Central Administrative Tribunal and held that the petitioner cannot withdraw his resignation after it had been accepted. The court was also of the view that-“ a sensitive and highly Specialized Organisation cannot afford to have a reluctant and wavering scientist”. Thereby the court dismissed the writ petition along with the pending application.
