Case Note & Summary
The respondent, M Jeyanthi, was a Grade II Police Constable appointed on 1 April 2010. On 1 June 2017, she tendered her resignation, which was accepted by the appointing authority on 12 June 2017. On 13 July 2017, she attempted to withdraw the resignation. She filed a writ petition before the Madras High Court, which was disposed of with a direction to the Director General of Police to consider her representation. The DGP rejected the representation on 2 June 2018, relying on Rule 35A of the Tamil Nadu Police Subordinate Services Rules. The respondent challenged this before a learned Single Judge, who dismissed the writ petition. On appeal, a Division Bench of the Madurai Bench of the Madras High Court allowed the appeal, holding that under Section 50 of the Tamil Nadu Government Servants (Conditions of Service) Act 2016, a ninety-day notice period is required, and during that period the employee can withdraw resignation even after acceptance. The State appealed to the Supreme Court. The Supreme Court examined Rule 35A, which requires three months' notice, allows withdrawal only before acceptance, and permits the appointing authority to accept resignation before expiry of notice. The Court held that the resignation was validly accepted on 12 June 2017, and the subsequent withdrawal was of no consequence. The High Court's reliance on Section 50 of the 2016 Act was misplaced as the respondent was governed by Rule 35A. The Supreme Court allowed the appeal, set aside the Division Bench's judgment, and affirmed the Single Judge's dismissal. However, the Court clarified that the respondent may apply for appointment afresh in future selections.
Headnote
A) Service Law - Resignation - Withdrawal - Rule 35A of Tamil Nadu Police Subordinate Services Rules - The respondent police constable resigned on 1 June 2017, resignation accepted on 12 June 2017, withdrawal attempted on 13 July 2017 - Held that under Rule 35A(b), withdrawal is permitted only before acceptance; once accepted, the employee loses entitlement to withdraw; acceptance before expiry of notice period is valid under Rule 35A(c) (Paras 7-9).
B) Service Law - Resignation - Notice Period - Rule 35A of Tamil Nadu Police Subordinate Services Rules - The High Court erred in holding that the ninety-day notice period under Section 50 of the Tamil Nadu Government Servants (Conditions of Service) Act 2016 allows withdrawal even after acceptance - Held that Rule 35A governs police constables and its plain language does not permit withdrawal after acceptance; the appointing authority may accept resignation before expiry of notice (Paras 8-10).
Issue of Consideration
Whether a police constable can withdraw resignation after it has been accepted by the appointing authority, and whether the acceptance before expiry of notice period is valid.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned judgment of the Division Bench dated 27 March 2019, and affirmed the dismissal of the writ petition by the learned Single Judge. No order as to costs. The Court clarified that this order does not prevent the respondent from applying for appointment afresh in future selections.
Law Points
- Resignation can be withdrawn only before acceptance
- acceptance is complete upon order
- notice period does not extend right to withdraw after acceptance
- Rule 35A governs police constables
- Section 50 of Tamil Nadu Government Servants (Conditions of Service) Act 2016 analogous but not applicable.
Case Details
2019 LawText (SC) (12) 25
Civil Appeal No 9423 of 2019 (Arising out of SLP(C) No 10115 of 2019)
Dr Dhananjaya Y Chandrachud, Hrishikesh Roy
For Petitioner(s): Mr. M. Yogesh Kanna, AOR, Mr. Karthik Rajendran, Adv., Ms. Uma Prasuna Bachu, Adv. For Respondent(s): Mr. (Dr.) P. Jyothimani, Sr. Adv., Mr. Sumit Kumar, AOR, Mr. Hemant Kumar, Adv., Mr. Bhupendra Kumar, Adv., Mr. Gunjan Kumar, Adv.
The Director General of Police & Anr
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Nature of Litigation
Civil appeal against High Court order directing reinstatement of a police constable who resigned and later attempted to withdraw resignation after acceptance.
Remedy Sought
Appellants (State) sought to set aside the High Court's order of reinstatement with continuity of service.
Filing Reason
The respondent's resignation was accepted on 12 June 2017; she attempted to withdraw it on 13 July 2017; the High Court allowed withdrawal, holding that the ninety-day notice period under Section 50 of the 2016 Act permitted withdrawal even after acceptance.
Previous Decisions
Writ Petition No 3888 of 2018 disposed on 1 March 2018 directing DGP to consider representation; DGP rejected representation on 2 June 2018; Writ Petition No 18211 of 2018 dismissed by Single Judge on 21 August 2018; Writ Appeal No 1596 of 2018 allowed by Division Bench on 27 March 2019.
Issues
Whether a police constable can withdraw resignation after it has been accepted by the appointing authority under Rule 35A of the Tamil Nadu Police Subordinate Services Rules.
Whether the acceptance of resignation before the expiry of the notice period is valid under Rule 35A.
Submissions/Arguments
Appellants: The High Court erroneously relied on Section 50 of the 2016 Act; the respondent was governed by Rule 35A, which does not permit withdrawal after acceptance; acceptance was valid and complete on 12 June 2017.
Respondent: Acceptance was subject to Vigilance clearances; the ninety-day notice period under Section 50 allows withdrawal before expiry; acceptance before expiry is invalid.
Ratio Decidendi
Under Rule 35A of the Tamil Nadu Police Subordinate Services Rules, a resignation can be withdrawn only before its acceptance by the appointing authority. Once accepted, the employee loses the entitlement to withdraw. The appointing authority may accept the resignation before the expiry of the notice period, and such acceptance is valid. The notice period does not confer a right to withdraw after acceptance.
Judgment Excerpts
Under clause (b), the notice may be withdrawn before its acceptance. Withdrawal of the resignation is not permitted after acceptance by the appointing authority.
Upon the acceptance of the resignation, the cessation of service takes place and it is not open to the employee to withdraw the resignation.
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.
Procedural History
Respondent resigned on 1 June 2017; resignation accepted on 12 June 2017; withdrawal attempted on 13 July 2017; writ petition filed (WP No 3888/2018) disposed on 1 March 2018 directing DGP to consider representation; DGP rejected representation on 2 June 2018; writ petition (WP No 18211/2018) dismissed by Single Judge on 21 August 2018; writ appeal (WA No 1596/2018) allowed by Division Bench on 27 March 2019; SLP filed; Supreme Court granted leave and allowed appeal on 13 December 2019.
Acts & Sections
- Tamil Nadu Police Subordinate Services Rules: Rule 35A
- Tamil Nadu Government Servants (Conditions of Service) Act 2016: Section 50
