Dear friends
Pl friends please advise on the following;
1. An officer is reinstated back into services after setting aside the orders of compulsory retirement. He joined the services but management relieved him the same day stating that his resignation is accepted. He did not submit any resignation after his reinstatement.

As per my understanding, his reliving is totally illegal as fresh resignation is a must after his reinstatement and resignation and reinstatement can not go hand in hand.
after reinstatement, one gets back his original position so he has to submit fresh resignation for getting relieved from the services.
Besides any resignation submitted during the period of his compulsory retirement becomes null and void on his reinstatement.

Pl do advise with some judgment or service rules to correlate my contentions pl.

From India , Delhi
Advocate Prem Chanda Yadav
Silvassa. Www.lawglobalhr.com
Management Consultancy

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Advocate Prem Chanda Yadav

There should be fresh Joining compliance as well as resignation for each joining and reliving.
From India, Mumbai

On reinstatement after setting aside the compulsory retirement order, the resignation already tendered by the employee gets revived and unless it has lapsed the resignation could be acted upon. The principle of law is that unless the resignation is withdrawn it could be accepted. To examine it further the full details of the matter have to be considered.
From India, Mumbai
Thanks for your prompt reply. But I feel that since on reinstatement ones steps into his original position held by him before his termination /Complusory retirement resignation and so he has to submit fresh resignation after his reinstatement . all resignation become null and void on reinstatement .
Secondly resignation/offer to resign /permission to resign submitted during the period in between his complusory retirement and reinstatement is not valid as one is not in service during this period,
Last point resignation submitted before his compulsory retirement but not accepted through letter in writing can not be acted upon for his relieving after reinstatement since it was not accepted and lapsed on account after three month.
Pl do clarify this .

From India , Delhi

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