J&K HC | Revocation of resignation not permitted when name already struck off from the rolls

Jammu and Kashmir High Court: The Bench of Sindhu Sharma, J. dismissed the petition for revocation of the resignation of the petitioner’s post which was accepted by the respondent officer 7 years back. 

The petitioner, a follower, appointed on compassionate grounds in J&K Armed Police submitted an application to the respondents stating therein that he is not in a position to continue his services due to some domestic problems and tendered resignation from services which was accepted by the respondent and was struck of the record.

H. Shah, Advocate for the petitioner submitted that he was not in good mental health when the resignation was submitted and prayed for termination/revocation of the resignation and sought permission to perform his duties as a follower.

The respondent’s counsel, Sanchit Verma, made his submission that the petitioner had resigned from services, seven years back, on his own accord which was accepted by him and consequently his name was struck off from the rolls. 

The Court held that an employee can revoke/terminate the permission of resignation from the services during the continuation of service and not when the name was struck off from the list of employees.  The Court relied on the judgment of the Supreme Court in Jai Ram v. Union of India, AIR 1954 SC 584  in which it was held that It may be conceded that it is open to a servant, who has expressed a desire to retire from service and applied to his superior officer to give him the requisite permission, to change his mind subsequently and ask for cancellation of the permission thus obtained; but he can be allowed to do so long as he continue in service and not after it has terminated.”  

Thus the present appeal was dismissed by the tribunal on the ground of being devoid of the merit. [Anjum Hussain v. State of J&K, 2019 SCC OnLine J&K 401, Order dated  26-04-2019]

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