Resignation Supreme Court

Dr. Mrs. Suman V. Jain vs. Marwadi Sammelan through its Secretary and Others [2024 INSC 127]

The prospective resignation would be complete on the indicated future date unless withdrawn before acceptance

RELEVANT PARAGRAPH

12. As per the law laid down above by the Constitution Bench, the prospective or intending resignation would be complete and operative on arrival of the indicated future date in the absence of anything contrary in the terms and conditions of the employment or contract. The intimation sent in writing to the Competent Authority by the incumbent employee of his intention or proposal to resign from his office/post from a future specified date can be withdrawn at any time before it becomes effective.

24. ……In the said factual context, this Court set-aside such an action of refusal to accept the withdrawal of resignation and explained the principle of “vinculum juris” holding that the relationship of employer and employee did not come to an end on the date of sending an intimation of withdrawal of resignation and it would continue till the actual date of acceptance…..