Withdraal of Resignation
2 years ago
While in suspension from service for police detention for 48 hours, I tendered resignation from my job at the university to contest the State Legislative Assembly election. I lost in the said election. Now I wish to withdraw my resignation (as per the Ministry of Personnel Public Grievances and Pensions, Department of Personnel & Training, Govt. of India Office Memorandum date 10th June 2019 subject: Withdrawal of resignation central government servant appointed after 31.12.2003 cover under the National Pension System (NPS) reg.). As per this office memorandum withdrawal of suspension be submitted within 90 days from the date of resignation.
I need legal help on whether it is possible in my case to withdraw my resignation? If yes should permission for withdrawal of resignation be submitted first or directly submit a letter of withdrawal of resignation? What should I do to withdraw my resignation?
The appointing authority may permit a person to withdraw his resignation in the public interest on the following conditions, namely:
(a) that the resignation was tendered by the Government Servant for some compelling reasons which did not involve any reflection on his integrity, efficiency, or conduct and the request for withdrawal of the resignation has been made as a result of a material change in the circumstances which originally compelled him to tender the resignation;
(b) that during the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made, the conduct of the person concerned was in no way improper;
(c) that the period of absence from duty between the date on which the resignation became effective and the date on which the person is allowed to resume duty as a result of permission to withdraw the resignation is not more than ninety days;
(d) that the post, which was vacated by the Government servant on the acceptance of his resignation or any other comparable post, is available
Request for withdrawal of a resignation shall not be accepted by the appointing authority where a Government servant resigns his service or post with a view to taking up an appointment in or under a private commercial company or in or under a corporation or company wholly or substantially owned or controlled by the Government or in or under a body controlled or financed by the Government.
Hope this clarifies your query and requirement.
Thank you.
Subhashis Paul
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