Resignation can be retracted until accepted officially: Allahabad HC

The Court, citing Rule 7 of the UP Government Servants Resignation Rules, 2000, emphasised the employee's right to withdraw their resignation before acceptance

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The Allahabad High Court has ruled that a government servant’s resignation can be retracted before it is officially accepted. This conclusion was drawn by Justice Manjive Shukla’s bench during a scrutiny of Rules 6 and 7 of the Uttar Pradesh Government Servants Resignation Rules, 2000, which pertain to government employee resignations.

The case revolved around a petition filed by Poornima Singh, contesting a decision made by the district basic education officer, Etah, to accept her resignation from the position of assistant teacher. Singh, stationed at Junior Basic School Mirzapur, faced commuting difficulties due to the school’s remote location as an unmarried female.

Upon requesting a transfer, she inadvertently signed papers presented by a clerk, which, she failed to realise at the time, constituted a resignation. Upon realisation, she promptly retracted her resignation on the same day, supported by written applications and communication with higher authorities.

Despite her efforts, Singh discovered on that on 31 March, 2021, her resignation had been accepted.

The Court, citing Rule 7 of the UP Government Servants Resignation Rules, 2000, emphasised the employee’s right to withdraw their resignation before acceptance. Considering Singh’s timely withdrawal attempts, the Court deemed the acceptance of her resignation unjustified.

Citing previous rulings of the Allahabad High Court, which established that an employee’s resignation can be retracted prior to acceptance, the Court deemed the acceptance of the petitioner’s resignation unlawful.

Consequently, the Court invalidated the acceptance of Singh’s resignation, directing her immediate reinstatement with full salary entitlements. Furthermore, the Court ruled that the petitioner is entitled to receive 25 per cent of her salary from 5 February, 2021, until her reinstatement, with this amount to be calculated and disbursed within four months.

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