Rejoin of service in private bank if bank has not issued relieving cum experience certificate

you can withdraw your resignation after you have resigned from the company, but remember to withdraw the resignation before you complete the notice period.

Regulation 29 (4) of the Pension Regulations, 1995 reads as under : “29 (4) An employee, who has elected to retire under this regulation and has given necessary notice to that effect to the appointing authority, shall be precluded from withdrawing his notice except with the specific approval of such authority. Provided that the request for such withdrawal shall be made before the intended date of his retirement.”

Thus, an employee who has given notice to retire under the Regulation can withdraw such notice subject to approval of the Appointing Authority provided such request for withdrawal is made before the intended date of the retirement.

the legal position in that regard is fairly well settled. In Power Finance Corporation Limited vs. Promodkumar Bhatia (1997) SCC 280 the Hon’ble Supreme Court has held in clear terms that as long as the employee is not relieved of his duties on acceptance of the offer of voluntary retirement or resignation, the jural relationship of employee and the employer does not come to an end. In Shambhu Murari Sinha vs. Project and Development India Ltd. and another (2002) 3 SCC 437 that was relied upon by the petitioner, this position has been reiterated by stating that even after acceptance of the application for voluntary retirement given by an employee, he continues to have locus poenitentiae to withdraw his notice for voluntary retirement. Similarly, in J.N.Srivastava vs. Union of India and another AIR 1999 SC 1571 this position has been accepted. Considering the provisions of the Pension Regulations and especially Clause 29(4) thereof coupled with the legal position referred to hereinabove, it is held that it was open for the petitioner to make a request for withdrawing his notice of voluntary retirement prior to the intended date of retirement, notwithstanding the fact that such request was accepted by the Bank.

A perusal of judgment in a writ petition decided by HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. in Writ Petition No. 1770/2021 between Sadiq Shafi Qureshi, and union bank of India will elucidate more information on this. 

How many threads you have opened on the subject.

Also, why and how you are expecting legal opinion at your dictate on the sketchy facts you have chosen to disclose?

Sir,

I am putting a query and expect your wisdom opinion for my research on these subject.

thanks