Resignation accepted can i approach administrative tribunal
Shamshuddin
(Querist) 14 July 2012
This query is : Resolved
Dear sirs,
I was working in Revenue Department of Karnataka State as Village Accountant since 2004. Recently in the month of Janaury I was selected to Pragathi Gramin Bank (a regional Rural Bank-Under GoI). Upon being selected there i submitted my resignation to Deputy Commissioner (via Tahsildar). After two months i was not satisfied with my work at bank so i thought of coming back to my previous department. But, i learned that my resignation was accepted on 1st of Feb. Revenue department has not served my resignation accepted copy till date.
Is there any way through which i can come back to my previous post. what if i approach KAT (Karnataka Administrative Tribunal) and submit an application in this regard. Will my application be accepted under the provisions of KAT Rules 1958 Rule 19.
I have even read that i have to approach the tribunal well withing 6 months from the date of order. If it is true i have only 15days left.
Please help me in this regard..
Guest
(Expert) 14 July 2012
Depends upon the resignation date shown in your resignation letter and how you got yourself relieved from the post without acceptance of your resignation.
Shamshuddin
(Querist) 14 July 2012
Thanks a lot sir for your valuable guidance.
sir, if i was able to convince my appointing authority to take me into service, and if my days of absence were to be treated as leave without pay.. what could be the case if i dont have that many days left into my leave account.?
Sudhir Kumar, Advocate
(Expert) 15 July 2012
If the resignation was acceopted with lien then you have a right to come back.
Guest
(Expert) 15 July 2012
Sudhir ji,
Lien or even suspended lien does not stand on acceptance of resignation of the employee. He could withdraw his resignation only in case his resignation would not have been accepted already. His case would not stand even if he approaches KAT. He would lose his time and money in struggle with the previous employer, as his resignation was was voluntary.
M V Gupta
(Expert) 16 July 2012
I agree with Mr. Dhingra's observations. Better u continue in the bank's service. After all it is a pensionable job and people crave to serve in banks. Dont take any hasty step to resign from the bank's service.Try to get yourself confirmed in the service.
Sudhir Kumar, Advocate
(Expert) 17 July 2012
No Dhingra sir,
Lein operates only when resignation or a permanent employee is accepted for allowing him to join higher post in other deptt will he is confirmed in new appointment. In such case he as a right to come back any time.
In Central Govt lein is not granted for allowing to join PSU/Bank job but it depends upon what rules were prevelaent in his state.
If resignation is accepted without lien the right to withdraw after acceptance is not unqualified. As pe orders applicable in centre it is allowed only if:-
(i) There isa change in circumstances.
(ii) request is within three months of acceptance.
(iii) the revocation is in public interest.
He has to check the parelell provision in state Govt. But such request is rarely accepted after acceptance of resignation. No Govt deptt likes to create such precedence for others.
Mr Dhingra is right to analyse that going to SAT will be waste of time and money much possibility does not appear for coming back. He has to continue in Bank as analysed with Mr Gupta.
Guest
(Expert) 17 July 2012
Dear Sudhir,
You may probably like to give some brief account about termination of lien, the reasons for that and conditions of revival of terminated lien.
Sudhir Kumar, Advocate
(Expert) 18 July 2012
FR 12, 13 14 and Govt instructions thereundr pn Page 14 to 30 of Swamy's compilation of FRSR Part-I gives full details of the lien aspect.
I wish if I could get soft copy on net and paste.
I wish I could have time to type all.
However these rules apply to central govt employees. state govt may not be having substantially different rules.
Guest
(Expert) 18 July 2012
Dear Sudhir,
I know the aforesaid rules on lien. But I want to know your views with reference to my query in reply to your earlier response to my previous post. Your reply is on the assumption, as if the official applied through proper channel or went on deputation. In fact, I did not find your earlier reply in spirit of the main question of the querist. According to his question the querist joined the new job merely by submitting his resignation even without getting the formality of having got his resignation accepted. His question DOES NOT also indicate that he applied for the new job through proper channel or went on deputation basis.
So, I just wanted to know whether the official can retain his lien after his resignation is formally accepted.
Sudhir Kumar, Advocate
(Expert) 19 July 2012
It is the queriest who is not tellingif he resigned with or without lein.
Shamshuddin
(Querist) 19 July 2012
Dear Dhingra sir and Sudhir Sir
While resigning i had just written a letter stating that i am appointed for the bank job and hence i want to resign from this job. also i had requested to kindly relieve me from duties.
I have not mentioned anything about lein, to be frank i had no idea about lein before or after resignation.
This below shown link related to case of Maniyar (R.S.) vs State Of Mysore And Ors. on 20 July, 1967 - wherein a resignation which has already accepted has been withdrawn upon the request of the employee. I need your clarifications sirs..
http://indiankanoon.org/doc/284918/
Thanks
Sudhir Kumar, Advocate
(Expert) 20 July 2012
It is not relevant what you wrote in resignation it is question what department wrote in the order.
No time to read the judgement in full details. It appears that someone was allowed to withdraw resignation and some other persons hcallanged it and the court did not quash it but on the same time did also not regularise it.
Please see if your case full falls at par with this case.
Consult nearest available service lawyer with thisjudgement and the ciruclar mentioned therein.
Guest
(Expert) 20 July 2012
The case law referred to by you has nothing to do in your case in the present situation, as the case relates to restoration of seniority after the resignation of the employee was allowed to be withdrawn, while you have not even preferred an application for acceptance of your request to reinstate you on your post in the previous department, what to say of reposting and restoration of your seniority at the old post.
Sudhir Kumar, Advocate
(Expert) 20 July 2012
Actualy he appears to be frustrated.
As analysed by Mr GHupta Bank job is decent and obviously well paid than earlier job.
However, Village Accountant (the same post which is called Lekhpal in UP Bihar, Patwari in Delhi, Haryanad Pb, HP, Uttarakhand, J&K etc) is the post he has demitted which he cannot swallow.
