Officer Can’t Withdraw Resignation Once It Is Accepted, Says Tribunal

The Bombay High Court on Tuesday held that the second wife of a Union government employee can claim retirement benefits of the deceased husband.

A Division Bench of Chief Justice GH Waghela and Justice VK Tahilaramani was hearing the petition filed by the first wife of the deceased, working at the Ammunition Factory in Pune. He had nominated his second wife to receive all retirement benefits in January 2010, after he cancelled the nomination of his first wife after giving her a divorce.

First wife moves HC.

On being aggrieved by the order passed by the Central Administrative Tribunal in September 2013, that held that the second wife would receive all the benefits, the first wife moved the High Court. The court said, “We also have to go by the fact that the first nomination in favour of the first wife was duly cancelled and a fresh nomination was filed separately by the deceased for Death-Cum-Retirement Pension, Provident Fund and Group Insurance benefits in favour of the second wife.”

‘Not possible to ignore nomination’

The court noted that it was not possible to ignore the nomination made by the deceased in favour of the second wife. The court also observed that approximately six months prior to his death, the deceased had promptly informed his office about his second marriage and about his divorce.

He had also told his office about the nomination filed in favour of the second wife relating to retirement benefits, the Bench said.

Source : http://www.thehindu.com

Officer Can’t Withdraw Resignation Once It Is Accepted, Says Tribunal

The Central Administrative Tribunal dismissed the plea of an Indian Revenue Service Officer of the 2002 batch seeking to withdraw her resignation. 

A revenue service officer who wanted her job back nearly three years after she resigned has been told she cannot withdraw her resignation as it had already been accepted by the government and surpassed the 90 days’ relaxation period.

The Central Administrative Tribunal (CAT) dismissed the plea of an Indian Revenue Service Officer of the 2002 batch seeking to withdraw her resignation from service in 2008 as she is now in a pathetic condition.

This is not the first instance of government officers putting in their papers and later struggling to get back the job.

In 1969, IAS officer Raj Kumar faced a similar fate when his appeal to the Supreme Court to withdraw his resignation after its acceptance by the government was dismissed by the top court. His contention — that the acceptance of the resignation was not communicated to him — was also dismissed by the apex court that said the resignation becomes effective once accepted. The case has now become a reference point for government counsel defending similar cases.

However, in an uncommon case, an IAS officer was able to get back the job even after over six years of resignation as it was later discovered that the resignation could not have been accepted due to a technicality issue. Later, the officer was in the running for the post of cabinet secretary.

In the current case, the lady officer, while working in Shimla, had resigned from service citing “sheer despair and depression” due to her continuous ill health and estranged relationship with her husband.

While the resignation was accepted on January 16, 2008, after a gap of three years, she sought to get her job back on “humanitarian grounds”. She contended that after her resignation, she is now unable to meet the expenses for her treatment and could not look after her little child as she had parted with her husband.

“Hence, in the interest of justice and on humanitarian grounds, her application for withdrawing her resignation is required to be accepted,” the plea said. The principal bench of CAT in Delhi, however, relied on the department of personnel and training’s office memorandum, which provides for relaxation of the time limit of 90 days between the date on which the resignation became effective and the date on which the person is allowed to resume duty.

“Since the applicant, admittedly, applied for withdrawal of her resignation beyond the said permissible period, she cannot seek any relaxation of rules,” the tribunal held.

It also noted the government’s argument that once her resignation was accepted and published in the official gazette — a public document — non service of the same on her does not take away its effect.

On issuing the same, the relationship of an employer and an employee came to an end.

Read at: Hindustan Times