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sharma ji   07 September 2023

Withdrawal of resignation before acceptance

Sir i resigned from job on probation period 14 days notice period . My resignation is still pending with higher authorities. Resignation is still not accepted from last 10 months. Can i withdraw mu resignation and rejoin duty


 9 Replies

Dr. J C Vashista (Advocate )     08 September 2023

@ Sharma ji,

You have posted same query again today itself ????

Sudhir Kumar, Advocate (Advocate)     08 September 2023

In this query you have not even intimated that you are govt servant.


anyway your query is already discussed at


T. Kalaiselvan, Advocate (Advocate)     09 September 2023

Company can not force you to do job once you submitted resignation. Please note that a resignation does not require acceptance by your employer. It is a misconception people think resignation must be accepted by employer. It is an unilateral act on part of employees.

The High Court of Delhi (“Delhi HC”) in its recent judgment in the case of Arjun Ahluwalia and Ors v Air India Limited[1] (“Arjun v Air India”) gave a ruling in favour of Air India’s pilots, who were seeking withdrawal of resignations and reinstatement of terminated employees.

Resignations submitted by employees are offers that, depending on the rules/schemes governing them, can be accepted or rejected by the employers. Therefore, unless otherwise specified, the resignations do not become effective immediately.

In absence of a legal, contractual or constitutional bar, a resignation for a future date (usually after completion of notice period) can in actuality be withdrawn at any point of time before it becomes operative or effective

In case of government servants, if they cannot resign unilaterally, the resignation becomes effective or the office/tenure is terminated only when the resignation is accepted by the competent authority.

1 Like

Sudhir Kumar, Advocate (Advocate)     17 September 2023

what is the use of opening again at



sharma ji   27 December 2023

Sir my withdrawal of resignation request is pending till date from january. I tried to contact higher authorities several times and also send various reminnder to them but no reply received from their side. Please suggest me whether i can go to CAT now or any other solution. Is their any time limit for moving to CAT

Sudhir Kumar, Advocate (Advocate)     28 December 2023

given facts indicate there is a good case for ging to CAT.

sharma ji   28 December 2023

Sir please share time limit for going to CAT

Sudhir Kumar, Advocate (Advocate)     30 December 2023

CAT has a limitation of 1 year.

sharma ji   04 January 2024

Sir if final order not passed. Then one year has to be seen from date of submission of withdrawal letter. Or after 6 months from the daye of submission of withdrawal letter

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