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Query related to Government Job


22-Sep-2023 (In Labour & Service Law)
Sir I was a lekhpal in revenue department in Bijnor district. 25 June 2016 I joined.on 15 May 2018 I resigned and joined as a teacher. Before joining I follow all formalities like departmental permissions etc.After 4 months of service I knew that there is a supreme court case in this teacher bharti. Till now revenue department did not relieve me just order orally to join another job and ask for a affidavit. I do not give affidavit so I think they did not relieve. Sir I want to know if order of the teacher bharti will be against then in that situation lekhpal job i can get and what will be the procedure to join again.Can we apply a medical certificate.
Answers (3)

Answer #1
872 votes
Resignation means formal renouncement or relinquishment of office having an effect of termination of employment/service. An employee has a right to resign or seek premature retirement, however, subject to the statutory provisions, if any, governing the same. The retirement may be sought with immediate effect/earliest possible time or prospectively, i.e., to be effective from a future date. Intention of the employee seeking retirement is of paramount importance. Acceptance of the application for retirement is to be considered as per the law applicable, if any, otherwise also it would depend whether it requires acceptance at all. In case relinquishment of office is of unilateral character, the resignation stands accepted as soon as it is tendered. But in case resignation requires acceptance, the Authority has to consider it and pass appropriate order. The Authority may refuse to accept the resignation if an employee is seeking retirement just to avoid the adverse findings in a disciplinary proceeding pending/contemplated against him or his services cannot be dispensed with because of the nature of work/project. In case, resignation is not of prospective nature, it becomes effective as soon as it is accepted by the Competent Authority and even non-communication of the said order to the resign or would be immaterial and employee cannot seek withdrawal of application thereafter. In fact, effectiveness of the resignation would depend upon the facts of an individual case.
As you have mentioned about ‘ teacher bharti’ case, I have no idea about it. However I would like to tell you that law on the point of resignation and its acceptance have already settled by apex court.
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Answer #2
884 votes
You need to write a complaint to his boss in Army so that a certain portion of his salary is give to you as maintenance, every month.

You must have received a summon from the Family Court, because your husband must have filed some case in the Family Court at Lucknow.

Consult a local lawyer. Take the summons you received from Court to the local lawyer.

Answer #3
788 votes
Dear sir ,
You should seek your solution first in your previous job office and see how far your file has been sent ,can you stop further more action on this and make it null and void on your personal level.if office had not relieved then you can request for the same on medical ground also.legally it is not possible to stop the same.

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