Punjab & Haryana High Court states ‘Retrospective Acceptance of Resignation Is Legally Unsustainable’

In CWP No. 10280 of 2001 (O&M), the High Court reiterated the legal principle that a resignation cannot be accepted with retrospective effect if it has already been withdrawn by the employee prior to such acceptance. Relying upon authoritative pronouncements of the Hon’ble Supreme Court in Dr. Mrs. Suman V. Jain v. Marwadi Sammelan and S.D. Manohara v. Konkan Railway Corporation Ltd., the Court held that once an employee has rescinded his resignation prior to its acceptance, the resignation ceases to have legal effect.

In the present case, the Court observed that the petitioner had effectively withdrawn his resignation before the appointing authority had accepted it. Therefore, the purported retrospective acceptance of the resignation was declared invalid, and the petitioner was deemed to have continued in service until his superannuation. He was awarded back wages, limited to 50%, and full retiral benefits.

An unaccepted resignation that is subsequently withdrawn cannot be retrospectively accepted. Such acceptance is a nullity in the eyes of law.