Teacher Who Resigned Again In Settlement Loses Year-Late Bid To Withdraw Resignation, Gujarat HC Upholds Rejection

The appellant, an Assistant Teacher, submitted a resignation on 17 September 2012.

On 3 October 2012, he entered into a settlement with the management and submitted a further resignation by affidavit, acknowledging that he had resigned and that no service dues remained against the institution.

On 7 October 2013, he sought to withdraw his resignation.

After the management did not accept his request, he approached the Tribunal, which rejected his application.

The learned Single Judge dismissed his writ petition, noting the delay and that the appellant had misrepresented the period of delay before the Tribunal.

He then filed this appeal.

The Court applied the principle that a request to withdraw a resignation must be made within a reasonable time.

It also assessed the resignation in light of the parties’ settlement and the appellant’s subsequent resignation by affidavit.

The judgment cites no statute or precedent.

The Court found that the appellant’s resignation was voluntary and given pursuant to a settlement under which he received the benefits due to him; he had also submitted a second resignation by affidavit on the settlement date.

His request to withdraw the resignation came more than a year later, beyond a reasonable time.

The Court further noted that his stated reason for resigning—“unavoidable circumstances”—was inconsistent with the admitted settlement and the affidavit resignation.

In these circumstances, the Tribunal and the learned Single Judge were justified in rejecting his claim.

The pending civil application was consigned to the record.