03/03/2016
Officer can’t withdraw resignation once it is accepted, says tribunal
Age relaxation for widows
The Ministry of Women and Child
Development is considering taking up a proposal for age relaxation
for widows for employment in Government and Central PSUs. The Ministry is also
considering moving a proposal for tax rebates for single women who are having children.
These are at a preliminary stage and formal proposals have not yet been
prepared.
This information was given by the Minister of Women and Child Development, Smt Maneka Sanjay Gandhi in reply to a question in the Rajya Sabha today.
This information was given by the Minister of Women and Child Development, Smt Maneka Sanjay Gandhi in reply to a question in the Rajya Sabha today.
Second wife can claim benefits of deceased husband: HC
The Bombay High Court on Tuesday held that the second
wife of a Union government employee can claim retirement benefits of the
deceased husband.
A Division Bench of Chief Justice
GH Waghela and Justice VK Tahilaramani was hearing the petition filed by
the first wife of the deceased, working at the Ammunition Factory in
Pune. He had nominated his second wife to receive all retirement
benefits in January 2010, after he cancelled the nomination of his first
wife after giving her a divorce.
First wife moves HC
On
being aggrieved by the order passed by the Central Administrative
Tribunal in September 2013, that held that the second wife would receive
all the benefits, the first wife moved the High Court.
The
court said, “We also have to go by the fact that the first nomination
in favour of the first wife was duly cancelled and a fresh nomination
was filed separately by the deceased for Death-Cum-Retirement Pension,
Provident Fund and Group Insurance benefits in favour of the second
wife.”
‘Not possible to ignore nomination’
The court noted that it was not possible to ignore the nomination made by the deceased in favour of the second wife.
The
court also observed that approximately six months prior to his death,
the deceased had promptly informed his office about his second marriage
and about his divorce.
He had also told his office
about the nomination filed in favour of the second wife relating to
retirement benefits, the Bench said.
Officer can’t withdraw resignation once it is accepted, says tribunal
The Central Administrative Tribunal
(CAT) dismissed the plea of an Indian Revenue Service Officer of the 2002 batch
seeking to withdraw her resignation from service in 2008 as she is now in a
pathetic condition.
This is not the first instance of
government officers putting in their papers and later struggling to get back
the job.
In 1969, IAS officer Raj Kumar faced
a similar fate when his appeal to the Supreme Court to withdraw his resignation
after its acceptance by the government was dismissed by the top court. His
contention — that the acceptance of the resignation was not communicated to him
— was also dismissed by the apex court that said the resignation becomes
effective once accepted. The case has now become a reference point for
government counsel defending similar cases.
However, in an uncommon case, an IAS
officer was able to get back the job even after over six years of resignation
as it was later discovered that the resignation could not have been accepted
due to a technicality issue. Later, the officer was in the running for the post
of cabinet secretary.
In the current case, the lady
officer, while working in Shimla, had resigned from service citing “sheer
despair and depression” due to her continuous ill health and estranged
relationship with her husband.
While the resignation was accepted
on January 16, 2008, after a gap of three years, she sought to get her job back
on “humanitarian grounds”. She contended that after her resignation, she is now
unable to meet the expenses for her treatment and could not look after her
little child as she had parted with her husband.
“Hence, in the interest of justice
and on humanitarian grounds, her application for withdrawing her resignation is
required to be accepted,” the plea said. The principal bench of CAT in Delhi,
however, relied on the department of personnel and training’s office
memorandum, which provides for relaxation of the time limit of 90 days between
the date on which the resignation became effective and the date on which the
person is allowed to resume duty.
A revenue service officer who wanted
her job back nearly three years after she resigned has been told she cannot
withdraw her resignation as it had already been accepted by the government and
surpassed the 90 days’ relaxation period.
“Since the applicant, admittedly,
applied for withdrawal of her resignation beyond the said permissible period,
she cannot seek any relaxation of rules,” the tribunal held.
It also noted the government’s
argument that once her resignation was accepted and published in the official
gazette — a public document — non service of the same on her does not take away
its effect.
On issuing the same, the
relationship of an employer and an employee came to an end.