The High Court dismissed a writ petition where a compassionate appointee sought reinstatement after wrongfully tendering resignation 10+ years earlier. The court held no rule provision allows such a remedy after such a lapse of time.
The writ petition and the stay petition were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JD:27663]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 3410/2024
Omveer Singh S/o Late Shri Virendra Pal Singh Jadoun, Aged About 45 Years, R/o Village Darkola Ka Nagla, Post Lutsan, Tehsil Sasani, District Hathras, Uttar Pradesh.
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. Vikram |
Singh Bhawla |
|---|---|---|
| For Respondent(s) | : - |
HON'BLE MR. JUSTICE FARJAND ALI
Order
09/07/2024
[2024:RJ-JD:27663]
[CW-3410/2024]
(2 of 2)
not want to continue in the service and, therefore, he tendered his resignation. The application was supported with an affidavit dated 18.02.2013. Upon receipt of the resignation supported with affidavit and other material, the authorities, vide order dated 03.05.2013 had accepted his resignation and then his services were terminated. After a long lapse of time, he moved an application in the year 2017 averring therein that owing to some mental disturbance and constrained by the family circumstances, he had wrongly tendered the resignation, therefore, he made a prayer for withdrawal of the same. Since there was no provision in the prevailing rules, therefore, his application was not considered, thus, the instant writ petition was filed after 10 years of termination of his services.
(FARJAND ALI),J
8-divya/-
2 issues framed by the court
Whether a compassionate appointee can claim reinstatement after ten years of resignation and termination of services.
Whether any rule provision exists to permit withdrawal of resignation after such a long lapse of time.
Omveer Singh
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
