Can Government Employer Reject My Resignation Letter? - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Psdhingra
Legal Analyst, Hrm
+1 Other

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If I resign from Govt. job on personal grounds, can employer reject my resignation letter or are they bound to relieve me?
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Dear Rajiv,
It depends on the nature and status of the Govt. Service you belong. If you are a State Services Officer your appointing authority is the Government whereas in case of other services like the Subordinate Services and Ministerial Services it is the Head of the Department. Normally, resignation will be accepted in Govt. Service, when no disciplinary or criminal proceedings against the individual is pending or when he has completed the minimum service required to be rendered after his training, if any or if he undertakes to pay the cost of training fixed earlier. However, there can be specific exception to this due to the policy of the respective Govt. based on the essentiality of the service in public interest like the case of non-acceptance of resignation by Govt.Medical Officers of Tamilnadu before the attainment of the age of superannuation.
Thank you for your quick response and valuable advice. I am in the service of West Bengal Government. Now I have selected in a new service in Central Government. I want to resign from W.B. Govt. I have no disciplinary or criminal proceedings or something else. Simply, i want to resign on personal ground. My appointing authority is not cooperating. I afraid if he not relieve me or not give me relieve order. I afraid if he may not answer my resignation letter. If he be an intention to held up the matter by not giving me relieve order.
Dear Friend,
You've not mentioned whether you applied for the new job through proper channel. Since, you mentioned that you want to resign on personal grounds, it implies that you didn't route your application thru proper channel. Had you done so, no appointing authority would hesitate to relieve you for whatever reasons other the ones mentioned in my previous reply. Now, you are caught in between the deep sea and devil - if you officially disclose the reason now you may be in for trouble for violating conduct rules and if you resignation is rejected forthwith, you will lose the new job. Therefore handle the issue tactfully. If the AA is personally known to you and can be taken into confidence, politely explain to him the circumstances in which you failed to observe the rule and appraise upon the better prospects you are going to lose and request an early and peaceful relief.
Thanks for your suggestion. My AA is not so good. No, I have not applied through proper channel. My AA has showcaused me for disclosing the matter at later stage. Now my AA has not approved my postfacto approval for NOC to join in the new job. AA has not answered me, just keep the file pending still now. AA is not a cooperative person.
I plan that after completion all proceeding of my new service like PVR, Medical, I will resign my present service to show personal reason.
Furthermore, I afraid whether or not he (AA) again keep pending my resignation letter and that will linger me to join in the new service.
Dear Rajiv Saha,
In Government organisations, the normal rule on resignation is that no unwilling worker be tried to be retained in service and his resignation be accepted without any objection, except in the exigency of service. But still the employer has the discretion to decline to accept your resignation. That normally happens when the authorities are biased.
There is also a good information that if there is no response from the employer to a resignation letter of the employee that is considered as deemed to have been accepted automatically.
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