Central Administrative Tribunal - Ernakulam
N.Singara Velu vs The Inspector Post on 26 September, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A. NO. 1120 OF 2011
Wednesday, this the 26th day of September, 2012
CORAM:
HON'BLE Mr.JUSTICE P.R.RAMAN, JUDICIAL MEMBER
HON'BLE Mr. K.GEORGE JOSEPH, ADMINISTRATIVE MEMBER
N.Singara Velu
GDS Mail Deliverer
Khajanappara PO
Narayana Nivas, Khanjappara PO
Sathanpara - 685 619 ... Applicant
(By Advocate Mr. P.C.Sebastian )
versus
1. The Inspector Post
Munnar Sub Division
Munnar, Kerala - 65 612
2. The Superintendent of Post Offices
Idukki Division
Thodupuzha - 685 584
3. Union of India represented by Secretary
to Government of India
Ministry of communications
Department of Posts
New Delhi - 110 001 ... Respondents
(By Advocate Mr.A.D.Raveendraprasad, ACGSC )
The application having been heard on 26.09.2012, the Tribunal on the
same day delivered the following:
O R D E R
HON'BLE Mr.JUSTICE P.R.RAMAN, JUDICIAL MEMBER The applicant is a permanent incumbent in the post of GDS MD, Khajanappara. He submitted his resignation on 18.08.2011 and before it was accepted, he withdrew the same on 10.09.2011 by Annexure A-1 letter. Ignoring the withdrawal the employer accepted his resignation subsequently on 22.11.2011. The short question for consideration is as to whether the acceptance of resignation on 22.11.2011 after the withdrawal of the resignation by letter dated 10.09.2011 is effective and valid in law. The question has been considered by the Apex Court in 1968 (3) SCR 857 wherein it has been held that when a public servant has invited by his letter of resignation the determination of his employment, his service normally stands terminated from the date on which the letter of resignation is accepted by the appropriate authority and, in the absence of any law or statutory rule governing the conditions of his service, to the contrary, it will not be open to the public servant to withdraw his resignation after it is accepted by the appropriate authority." In 1978 (1) SLR 521 it was reiterated that in the case of Government servants / or functionary who cannot, under the conditions of his service / or office, by his own unilateral act of tendering resignation, given up his service / or office, normally, the tender of resignation becomes effective and his services / or office tenure terminated when it is accepted by the competent authority." Thus there will be cessation of the employee - employer relationship only when the resignation is accepted by the employer and not before the same is accepted. When the offer of resignation has since been withdrawn, subsequent acceptance of the letter is ineffective and inoperative. In the circumstances, we declare that the letter of resignation dated 22.11.2011 is ab initio void and the same is quashed. There will also be a direction to put back the applicant in service. However, this will not prejudice the right of the employer to take any disciplinary action in case of any misconduct on his part either or before the date of resignation.
2. OA is disposed of as above. No costs.
Dated, the 26th September, 2012.
K GEORGE JOSEPH JUSTICE P.R.RAMAN ADMINISTRATIVE MEMBER JUDICIAL MEMBER