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sharma ji   16 September 2023

Withdrawal of resignation letter pending with competent authority for 8 months

Sir, I have resigned from railway on probation period  with notice period of 14 days during last year. After 5 months my resignation is pending with higher authorities. Then I submitted my request from withdrawal of resignation letter through proper channel. My withdrawal of resignation letter is still pending with higher authorities from last 8 months. Please guide me what should I do now. 


 2 Replies

Sudhir Kumar, Advocate (Advocate)     17 September 2023

what is the use in repating?


you are already replied




LCI Thought Leader Rajesh Tandon ( Col (Retd))     11 October 2023

Dear Querist,

1. I understand your situation and the concern you have regarding your pending resignation and withdrawal request with the railway authorities. Resignation processes, especially in government or public sector organizations like the railways, often involve specific procedures and timelines. Let me provide some guidance on your situation.

2. When an employee submits a resignation, it is customary to continue attending to their duties until the resignation is officially accepted by the employer. During this period, the employee remains in service.

3. In the context of government service, resignations cannot typically be executed unilaterally. They become effective or result in the termination of office/tenure only when accepted by the competent authority. This means that until your resignation is officially accepted, you are technically still in the employment of the railway.

4. Since you were continuing with the duties, you have a right to submit withdrawal. Now, you just have to wait for the response of the employer. My current advice would be to keep a record of the dates of the submissions of resignation and withdrawal.

5. If you face any adverse consequences, then you can file a legal complaint, for there are Judicial Precedents supporting your case as under :-

(a) In the case of Union of India & Ors. vs. Gopal Chandra Misra & Ors. (1978) 2 SCC 301; the Honourable Supreme Court held that a request for premature retirement which was made to take effect from a prospective date and required acceptance, by the Competent Authority, will not be complete till accepted and can be withdrawn till it becomes complete. Relevant para is as under:-


"The general principle that emerges from the foregoing conspectus, is that in the absence of anything to the contrary in the provisions governing the terms and conditions of the office/post, an intimation in writing sent to the competent authority by the incumbent, of his intention or proposal to resign his office/post from a future specified date, can be withdrawn by him at any time before it becomes effective, i.e. before it effects termination of the tenure of the office/post or the employment."


(b) Relying on the judgement in Union of India & Ors. vs. Gopal Chandra Misra & Ors. (1978) 2 SCC 301 and Air India vs. Nergesh Meerza (1981) 4 SCC 335 and the observations in Raj Kumar vs. Union of India AIR 1969 SC 180,), the Supreme Court again reaffirmed the principle that a request for voluntary retirement can be withdrawn before acceptance.

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