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RESIGNATION ON DATE WHEN ONES WAS NOT IN SERVICE
04-Jul-2023 (In Labour & Service Law)
Any letter of resignation/offer to resign during the period when he was not in service due to illegal orders of compulsory retirement (It was set aside afterwards on making Review before CMD) can not be taken as resignation and one can not be relived on the basis of such letter . As until one is in service he has no right to resign and he gets that right back only after reinstatement . As such such letter can nit be taken as a resignation for relieving him from the services ion reinstatement .
Thanks
Hello sir. I have perused your legal query. A resignation has to be given during the period of service as contained in your employment contract/service rules. However, you stand seems contradictory. On the one hand you filed a resignation letter and on the other you made an appeal for review before the CMD. Unless you can establish that you were coerced to submit the resignation, the department is within its powers to accept it. Please feel free to reach out to me in case you wish to discuss the matter in more detail.
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