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Resignation accepted

(Querist) 09 November 2017 This query is : Resolved 
I'm working in a autonomous government medical college.i have given notice period For one month but because of some technical mistake it was resignation that was sent from my department to HR and that too signed by me.... I have sent a cancellation for the same 8 days later.. Which was not received by HR...
I was not at all informed and they have compiled by services and then I'm requesting them since 45days they are not replying me anything regarding whether I'm in the job or not.... And I'm not paid since last 2months as well.... Please suggest me legal way to get away with this situation
Rajendra K Goyal (Expert) 09 November 2017
Use RTI to get information.

However, if they have not delivered you resignation acceptance letter / served relieving letter, you deem yourself in service as you have withdrawn your resignation before acceptance..
Guest (Expert) 09 November 2017
Have you been relieved from service after expiry of notice period by issue of some formal order of acceptance of resignation? Please discuss in detail.

Ms.Usha Kapoor (Expert) 10 November 2017
Your right to serve in present employmentis confirmed sicce you have withdrawn your resignation before its acceptanceby by management and you'd be deemed to be in servce. You send a lega notice to them that you will serve one month notice period and also raise your plea of non payment of your salary for two months and non communication of the status of your employer from them for 45 days.If youget a reply within 15days or no reply within 15days you can aproachl labour court provided you are a worker for redressal of your grevances includinf nonpayment of salary and and other grievaces etc .THe sattitude ofmansagement smacks off highhanded, arbitrary, unconstitutional, unfair labour practice and victimization.If you are not a worker withinthe definitionof worker as per industrial dispute act approach cicvil orconsunmer court for declaration ofright to your post, 2 months salary, relieving letter,certificates and service certificsates and F&F settlement.
Guest (Expert) 10 November 2017
Ms. Usha ji,

I differ with your advice, where you stated, "Your right to serve in present employment is confirmed since you have withdrawn your resignation before its acceptance by by management and you'd be deemed to be in service."

Probably you have assumed that the querist has the right to cancel a document which was not in his own custody. The resignation notice was in the custody of the management, which the querist did not have any right to cancel.

Further, probably, you have misinterpreted the description of the querist. He has very clearly written, "I have sent a cancellation for the same 8 days later.. WHICH WAS NOT RECEIVED BY HR."

If the HR had not accepted the cancellation letter, the previous document containing his resignation could not be treated as cancelled in any way.

Further, particularly in law, there is a marked difference between the term, "cancellation of a document" and "withdrawal of resignation". Had he desired to withdraw his resignation, he was required to issue a separated letter very clearly stating that he withdrew his resignation, not that he cancelled the previous document, which was not in his own custody.

Guest (Expert) 10 November 2017
Ms. Usha seemed to have hastened to assume that he withdrew his resignation without waiting for the reply to my query by the querist.
Ms.Usha Kapoor (Expert) 10 November 2017
If you appreciate my answer please give me likes.
Guest (Expert) 10 November 2017
Ms. Darshana may like to fulfill the wishes of Ms. Usha Kapoor, so that the others may know that the puzzle of the querist is solved by the solution provided by the expert.
Rajendra K Goyal (Expert) 10 November 2017
JIGYASU - Legal analyst ,

Happy to note that one more target searched and included by you apart from me and Kumar Doab.

Good job done to the forum.

One more satisfactory step for your moto /, habit / hobby.

Guest (Expert) 10 November 2017
@ Rajendra K Goyal,

Not habit or hobby, but motto to save the innocent people from the wrong advice by some experts. I can't say, she is fake, like you and Doab, but her request for appreciation on wrong advice was uncalled for. People, who have to appreciate can appreciate even without any request.

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