Dear,
The Apex Court in the case of RBI vs Cecil Denis Solomon observed that, "In service jurisprudence, the expressions "superannuation", "voluntary retirement", "compulsory retirement", and "resignation" convey different connotations.
Voluntary Retirement and resignation involve voluntary acts on the part of the employee to leave service. Though both involve voluntary acts, they operate differently. One of the basic distinctions is that, in the case of resignation, it can be tendered at any time, but in the case of voluntary retirement, it can only be sought after rendering the prescribed period of qualifying service. Another fundamental distinction is that in the case of the former, normally retiral benefits are denied, but in the case of the latter, the same is not denied. In the case of the former, permission or notice is not mandated, while in the case of the latter, permission of the employer concerned is a requisite condition.
Though resignation is a bilateral concept and becomes effective on acceptance by the competent authority, yet the general rule can be displaced by express provisions to the contrary. In PNB vs P.K. Mittal's case interpreting Regulation 20(2) of the Punjab National Bank Regulations, the Apex Court held that "resignation would automatically take effect from the date specified in the notice as there was no provision for any acceptance or rejection of resignation by the employer."
With Regards,
Advocates & Notaries & Legal Consultants [HR]
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