LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RAHUL AGGARWAL (manager)     06 October 2013

Reinstatement

Dear Expert

My query is

1.can resignation once rejected in writing can be considered after wards ?

2.That on reinstatement back in to the services all earlier letters of resignation/offer/permission etc. becomes null & void. Employee gets right to resign etc,. only on reinstatement so any letter submitted during the period of his compulsory retirement and reinstatement  date can not be treated as resignation at all.  

 

Its only on reinstatement employee steps back in to his original position in organisation in which he was placed before compulsory retirement ,so he can not be relieved on the basis of any letter submitted during the period of compulsory retirement.

Please explain the concept of reinstatement with decided cases.

 

R.AGGARWAL



Learning

 9 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 October 2013

It is all depend upon companies standing orders. Nasscom has proposed that individual companies should list out their deviations from the model standing order.

Sudhir Kumar, Advocate (Advocate)     06 October 2013

you have not stated if the employer is Govt.

RAHUL AGGARWAL (manager)     06 October 2013

Dear Sir

 

Its Public Sector Bank .

 

Regards

 

Rahul

Sudhir Kumar, Advocate (Advocate)     07 October 2013

Please see paralell provision in PSU Bank.

 

In Govt sector resignation can be revoked (i) if applied within 90 days of discharge (ii)without claim on wages (iii) if revocation is in public interest.

RAHUL AGGARWAL (manager)     08 October 2013

To give clear idea to all experts facts are  given in brief  to have their clear advise.

 

Facts in brief:

 

Officer of Public sector Bank submits resignation on being selected to pvt.sector bank.

Instead of getting relieved by accepting resignation he was served with charge sheet and after getting backdated enquiry papers his resignation was rejected and he was compulsory retired from the services .He filed appeal etc and finally get reinstatement orders with the date of joining duties again.

He was induced to submit one letter during period of compulsory retirement that I may be allowed to resign in case reinstated. As per reinstatement orders he joined duties but was relieved on same day by accepting his resignation.

My query is

1.can resignation once rejected in writing can be considered after wards ?

2.That on reinstatement back in to the services all earlier letters of resignation/offer/permission etc. becomes null & void. Employee gets right to resign etc,. only on reinstatement so any letter submitted during the period of his compulsory retirement and reinstatement  date can not be treated as resignation at all.  

 

Its only on reinstatement employee steps back in to his original position in organisation in which he was placed before compulsory retirement ,so he can not be relieved on the basis of any letter submitted during the period of compulsory retirement.

Thus his relieving is totally illegal.

Please explain the concept of reinstatement with decided cases.

R.aggarwal

Sudhir Kumar, Advocate (Advocate)     08 October 2013

Earlier you tried to get reply by hiding the facts which you now disclosed. Such attempt can work with astrologer and not with legal experts because they cannot assume any facts to create advise.


Now you have disclose that you were compulsorily retired as a punitive measure following a disciplinary action.  It has nothing to do with resignation at all.


reinstatement is possible only if such order is revoked/modified by Appellate Authority or by court.

Sudhir Kumar, Advocate (Advocate)     08 October 2013

paralell thread at

https://www.lawyersclubindia.com/experts/Releiving-on-rejected-resignation-228256.asp#.UlQc91PQzmk

RAHUL AGGARWAL (manager)     08 October 2013

Sir

 

Compulsory retirement orders were set aside only on Appeal to chairman .

Now only bone of contention is that all previous letters of resignation if any submitted during the compulsory retirement period and the date of reinstatement  can not be treated as resignation at all as he was not in service during that date.

Please clarify

Sudhir Kumar, Advocate (Advocate)     09 October 2013

These resignation letters have not been executed and can be withdrawn.

 

Better disclose all facts in one thread if  needing any further suggestion.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query