A resignation once accepted cannot be taken back : High Court of Delhi

A person who has resigned which request having been accepted, cannot be allowed to rejoin his duties as held by the Hon’ble High Court of Delhi through the learned bench led by Justice V. Kameswar Rao in the case of Moharram Ali Khan v. Jamia Milia Islamia & Ors. (W.P.(C) 8378/2011)

The brief facts of the case are that the petitioner joined the respondent University as Professor in Mathematics in the year 2007. While working so, he, on February 17, 2010, applied for the post of Professor in King Abdulaziz University, Saudi Arabia, for which he sought ‘No Objection Certificate’/grant of Extra Ordinary Leave (‘EOL’, for short) from the University. The request of the petitioner for EOL was not acceded to in terms of the letter dated August 20, 2010. 3. Learned counsel appearing for the petitioner would submit that the petitioner had met the ViceChancellor of the respondent University, who had observed that the request of the petitioner for EOL shall be favourably considered. According to Mr. Benipal, after completing one year of contract service in Saudi Arabia, the petitioner came back to India on August 25, 2011, and reported for duty at the University. But his request for joining was not acceded to, which resulted in the filing of the present petition.

Having heard the learned counsel for the parties, the Hon’ble Court held “In any case, if the request of the petitioner for EOL was rejected, he could not have left the University for taking the assignment in Saudi Arabia. He should have at least made inquiries about his resignation, before leaving for Saudi Arabia. During the hearing, the Court had asked Mr. Benipal, the current status of the petitioner as it was noted by the Court that the petitioner is pursuing the present petition through his attorney namely Mr. S. Saqib Khan, his son. The Court was informed that the petitioner is in employment in Nigeria w.e.f. 2013. In any case, I find that petitioner has resigned which request having been accepted, he cannot be allowed to rejoin his duties. In the facts of this case, I do not see any merit in the petition. The same is dismissed.”

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Judgment reviewed by Vandana Ragwani

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