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Can resignation be withdrawn?

Updated: Nov 17, 2021

An employee in Government service has the right to tender resignation. An employer cannot refuse to accept resignation tendered by an employee, except in certain situations (check the link) But once he/she/they tenders resignation can it be withdrawn?. Generally, an employee can withdraw resignation tendered by him/her/they. It is a settled principle that resignation can be withdrawn till it is accepted by the concerned officer. Once resignation is accepted, the employee cannot withdraw the resignation. Recently, Supreme Court of India in New Victoria Milla & Ors v. Shrikant Arya (CA 5685/2021, judgment dated 27.09.2021) held that, after acceptance of resignation, it cannot be withdrawn by citing the reason that there is a delay in relieving the employee.

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