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Union of India - Section

Section 23 in The Khadi And Village Industries Commission Employees (Pension) Regulations, 1984

23. Forfeiture of service on resignation.

(1)Resignation from a post, unless it is allowed to be withdrawn in the public interest by the appointing authority, entails forfeiture of past service.
(2)The appointing authority may permit a person to withdraw his resignation in the public interest on the following conditions, namely :
(i)that the resignation was tendered by the employee for some compelling reasons which did not involve any reflection on his integrity efficiency or conduct and the request for withdrawal of the resignation has been made as a result of material change in the circumstances which originally compelled him to tender the resignation;
(ii)that during the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made, the conduct of the person concerned was in no way improper;
(iii)that the period of absence from duty between the date on which the resignation become effective and the date on which the person is allowed to resume duty as a result of permission to withdraw the resignation is not more than 90 days;
(iv)that the post, which was vacated by the employee on the acceptance of his resignation or any other comparable post, is available;
(3)Request for withdrawal of resignation shall not be accepted by appointing authority where an employee resigns his service or post with a view to taking up an appointment in or under a private commercial company or in or under a Corporation of Company wholly or substantially owned or controlled by the Government in or under a body controlled or financed by the Government;
(4)When an order is passed by the appointing authority allowing a person to withdraw his resignation and to resume duty; the order shall be deemed to include the condonation of interruption in service but the period of interruption shall not count as qualifying service.