Special Rules of Tamil Nadu Police Subordinate Services – r.35A– Respondent, Grade II Police Constable at the IXth Batallion, Manimuthar, Palayamkottai tendered resignation on 1 June 2017 – Accepted on 12 June 2017 – Later, sought withdrawal of the resignation –Respondent’s representation rejected by the Director General of Police – Challenged – Writ petition dismissed – Writ appeal allowed by the Division Bench holding that in terms of s.50 of the 2016 Act, a period of ninety days’ notice is necessary and the appellants faulted in accepting the resignation without waiting for the period of notice to expire – Held: Provisions of r.35A of the Rules are analogous to s.50 of the 2016 Act – Respondent, as a police constable, was governed by r.35A – Clause (a) of r.35A requires that before resigning, a member of the service must furnish not less than three months’ notice in writing to the appointing authority – Under clause (b), the notice may be withdrawn before its acceptance – Withdrawal of the resignation is not permitted after acceptance –Under clause (c) of r.35A, the appointing authority, while accepting the resignation, is empowered to indicate a date from which it will take effect which will not be later than the date of expiry of the notice – Thus, the authority can legitimately accept the resignation from a date anterior to the expiry of the notice – In the present case, the resignation dtd. 1 June 2017 was accepted on
12 June 2017 – It was only a month thereafter on 13 July 2017 that the respondent purported to withdraw the resignation – Resignation having taken effect upon its acceptance, the withdrawal was of no consequence – High Court not justified in holding that within period of ninety days, the period of notice required under the Rules, it was open to the employee to withdraw the resignation even after acceptance – This construction is contrary to the provisions of r.35A – Judgment of the High Court set aside – Dismissal of the writ petition by the Single Judge, affirmed – Tamil Nadu Government Servants (Conditions of Service) Act, 2016 – s.50. Respondent, appointed in 2010, was working as Grade II Police Constable at the IXth Batallion, Manimuthar, Palayamkottai. She tendered her resignation on 1 June 2017, which was accepted on 12 June 2017. On 13 July 2017, the respondent purported to address communication withdrawing the resignation. The High Court in the writ petition filed by the respondent, directed the Director General of Police to consider the representation and to pass appropriate orders in accordance with law. The DGP passed an order rejecting the representation, which was challenged by the respondent. The Single Judge dismissed the writ petition. Division Bench allowed the writ appeal granting reinstatement with continuity of service. Hence, the present appeal. Allowing the appeal, the Court
HELD: The provisions of Rule 35A of the Special Rules of Tamil Nadu Police Subordinate Services are analogous to Section
50 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016. The respondent, as a police constable, was governed by Rule 35A. Clause (a) of Rule 35A requires that before resigning, a member of the service must furnish not less than three months’ notice in writing to the appointing authority. Under clause (b), the notice may be withdrawn before its acceptance. Withdrawal of the resignation is not permitted after acceptance by the appointing authority. Under clause (c), the appointing authority is required to issue orders on the notice of resignation before the date of expiry of the notice. If the resignation is being accepted, the date of acceptance is not to be later than the date of the expiry of the notice. If no order has been passed, the resignation is deemed to have been accepted on the expiry of the period of notice. The provisions of clauses (b) and (c) of Rule 35A make it abundantly clear that: (i) A resignation can be withdrawn before its acceptance; and (ii)Upon acceptance, the employee loses the entitlement to withdraw the resignation. Moreover, it is evident from clause (c) of Rule 35A that the appointing authority, while accepting the resignation, is empowered to indicate a date from which it will take effect which will not be later than the date of expiry of the notice. The authority can legitimately accept the resignation from a date anterior to the expiry of the notice. Upon the acceptance of the resignation, the cessation of service takes place and it is not open to the employee to withdraw the resignation. In the present case, the resignation dated 1 June 2017 was accepted on 12 June 2017. It was only a month thereafter on 13 July 2017 that the respondent purported to withdraw the resignation. The resignation having taken effect upon its acceptance, the withdrawal was of no consequence. The acceptance of the resignation was complete on 12 June 2017. Once this was the position, the withdrawal was of no consequence in law. The High Court was not justified in coming to the conclusion that within a period of ninety days, which is the period of notice required under the Rules, it was open to the employee to withdraw the resignation even after acceptance. This construction is clearly contrary to the provisions of Rule 35A. The impugned judgment and order of the High Court is set aside, affirming the dismissal of the writ petition by the Single Judge. It is, however, clarified that this order will not come in the way of the respondent applying for appointment afresh as and when any selection takes place and any such application may be considered in accordance with law. [Paras 7-12][211-E; 212-BH; 213-A-C]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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