Reinstatement & Resignation | Vkeel - Free Legal Advice

RAHUL AGGARWAL

Delhi

After reinstatement, an officer can not be relieved on the basis of any resignation/offer to resign/permission to resign unless he submits fresh resignation after his reinstatement. Any letter with wordings that :"pl allow me to resign in case I am reinstated:" during the period of his compulsory retirement due to which he was not in service on the date of such letter, can not be treated as resignation at all as its clear that it was under inducement only. Reinstatement and resignation can not go hand in hand and one can not be reinstated and relived on same day in any case.

Expert's Answers(2)

Advocate Anik
Bengaluru, Karnataka

65 Client Ratings

Hi, Seniority of an employee, who is reinstated after resignation, shall be determined as of the date of reinstatement; all prior service seniority shall be lost and such employee reinstated shall be placed on the seniority list next above the probationers of the Department. Please rate my answer Thank You

August 14, 2021
Advocate Kishan Dutt Kalaskar
Bengaluru, Karnataka

184 Client Ratings

Dear Sir, Yes, such clauses are unknown to service law and illegal. Please give me rank after viewing my details. Please call me for further assistance.

August 14, 2021