Legal Dilemma: Can an Officer Be Relieved Without a Fresh Resignation After Reinstatement?

Dear friends,

Please advise on the following:

1. An officer is reinstated back into service after setting aside the orders of compulsory retirement. He joined the service, 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 relieving is totally illegal as a fresh resignation is a must after his reinstatement, and resignation and reinstatement cannot go hand in hand. After reinstatement, one gets back his original position, so he has to submit a fresh resignation to be relieved from the service. Besides, any resignation submitted during the period of his compulsory retirement becomes null and void upon his reinstatement.

Please advise with some judgment or service rules to correlate my contentions.

Regards

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 The principle of law is that unless the resignation is withdrawn, it could be accepted.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.

Thanks for your prompt reply. However, I feel that upon reinstatement, one steps back into their original position held before their termination or compulsory retirement. Therefore, they are required to submit a fresh resignation after reinstatement, rendering all previous resignations null and void.

Validity of Resignations During Compulsory Retirement
Secondly, any resignation, offer to resign, or permission to resign submitted during the period between compulsory retirement and reinstatement is not valid as the individual is not in service during this period.

Resignation Before Compulsory Retirement
Lastly, a resignation submitted before compulsory retirement but not accepted in writing cannot be acted upon for relieving the individual after reinstatement. Since it was not accepted and lapsed after three months, it is no longer valid.

Please clarify this.

Regards