The Supreme Court of India reinstated a railway employee, ruling that his resignation was withdrawn before it was officially accepted. The Court noted that an internal memo acknowledging the resignation did not constitute formal acceptance, as this had not been communicated to the employee.
The appellant, who had worked for Konkan Railways since 1990, submitted his resignation on December 5, 2013, to take effect after one month. Although the resignation was internally accepted effective April 7, 2014, no formal communication was made to the appellant. Meanwhile, the appellant withdrew his resignation on May 26, 2014, but the employer relieved him of his duties on July 1, 2014.
The appellant argued that, as the resignation was never officially finalized, he could not be relieved from his position. He emphasized that he had remained in contact with his employer and had even reported back to duty when asked, showing the resignation had not been accepted.
After the High Court's Division Bench ruled against him, the appellant approached the Supreme Court. The Court agreed with the earlier ruling of a Single Judge, who found that the appellant had not properly resigned as the resignation had not been communicated to him and had been withdrawn before taking effect.
The Court held that the internal acceptance of the resignation did not constitute a formal conclusion of the resignation process, especially since the appellant had been asked to report for duty due to an absence. It reaffirmed that the appellant’s resignation withdrawal should have been accepted and his employment continued.
The Supreme Court directed that the appellant be reinstated within 30 days and awarded him 50 per cent of his salary for the period following his removal until his reinstatement, with this time also counting toward his pension benefits.
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