Laxmi Tanwar v. Union Of India & ANR.

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18390/2025 LAXMI TANWAR .....Petitioner Through:

Mr. Siddharth Yadav, Mr. Anmol Kumar Pandey, Ms. Jyoti Yadav, Mr.

Nitin Yadav, Mr.

Vikas Deep, Advocates.

versus UNION OF INDIA & ANR.

.....Respondents Through:

Mr. Kameshwar Nath Mishra, Senior Panel Counsel with Ms. Vidya Mishra, Advocate for R-1/UOI.

Mr. O.P. Gaggar, Mr. Sachindra Karn, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 05.02.2026 1.

This writ petition is directed against letter dated 13th June, 2025 issued by Union Bank of India/Respondent No. 2, whereby the Petitioner's request for withdrawal of her resignation from the post of Customer Service Associate was declined.

2.

The brief facts relevant for adjudication of the present petition are as follows: the Petitioner was appointed as Single Window Operator-A (Customer Service Associate) with the Respondent Bank and entered upon service on 23rd November, 2020. Subsequently, she was issued an offer of appointment dated 29th October, 2024 for the post of Junior Assistant W.P.(C) 18390/2025 Page 1 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

(Office) with the Airports Authority of India. The Petitioner initially submitted a technical resignation while seeking to retain lien on her post with the Respondent Bank.

3.

The Respondent Bank, however, conveyed that technical resignation was not acceptable. Thereafter, the Petitioner submitted her resignation dated 19th April, 2025, requesting acceptance of the same and issuance of a relieving letter on or before 25th April, 2025, as she was required to join the Airports Authority of India by 30th April, 2025. The relevant portion of the resignation is reproduced:

"Subject: Regarding Resignation from the post of Customer Service Associate.

Sir/Madam, With respect, l would like to inform you that l have been selected for the post of Junior Assistant (Office) at Airports Authority of India, Advt. No. 03/2023 for which I had applied "through proper channel" and I was also issued NOC from the Union Bank of India for the same. Please find the attached copy of my Offer of Appointment, Letter No.A.12024/08/2023- Rectt.Cell for your reference along with the· copy of extension provided to me for joining, letter No. A. 60012/311/2024ES-l/1604. I would like to express my sincere gratitude for the opportunities and experiences I have gained throughout my service in Union Bank of India. It was not an easy decision to make to leave this organization. I have grown both personally and professionally during my tenure and I am grateful for the guidance and support 1 have received.

I kindly request you to accept my resignation from the post of Customer Service Associate and provide me the relieving letter latest by April 25, 2025 as I am required to join Airports Authority of India latest by April 30, 2025. As I am not able to serve the notice period of one month due to insufficient time left. Also, kindly inform me about the payment that is required to be made by me in this regard. Thank you again for the support and understanding. I appreciate the trust place in me."

4.

The resignation tendered by the Petitioner was duly processed and accepted by the competent authority. Consequently, the Petitioner was W.P.(C) 18390/2025 Page 2 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

relieved from the services of the Respondent Bank by inter-office letter dated 25th April, 2025, to the following effect: 5.

The Petitioner thereafter joined the services of the Airports Authority of India. Subsequently, she had a change of mind and sought to rejoin the Respondent Bank. Accordingly, on 25th April, 2025, she addressed an email communication seeking withdrawal of her resignation. The said request was considered and declined by the Respondent Bank by the impugned letter W.P.(C) 18390/2025 Page 3 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

dated 30th June, 2025, inter alia, on the ground that once the resignation has been accepted and the employee relieved from service, the same cannot be withdrawn and there is no provision for reinstatement under the extant guidelines of the Bank. The impugned letter reads as follows: "Subject: Regarding request for withdrawal of Resignation (after being relieved) Please take reference of request for cancellation of resignation submitted by Ms. Laxmi Tanwar to finance ministry under copy to central office, Union Bank of India.

It is to be informed that Ex-staff, Ms. Laxmi Tanwar, PF No. 794639, Customer Service Associate (CSA), Dwarka-New Delhi Branch, Union Bank of India had submitted resignation vide her application dated 19.04.2025. She had requested for accepting her resignation & for providing the relieving letter latest by 25:04.2.025 as she had to join Airports Authority of India. The said resignation letter along with forwarding from the Branch was received at Regional Office Delhi South; Union Bank of India on 19.04.2025 only. The resignation application was processed & then resignation was accepted by the Competent Authority w.e.f. 26.04.2025 as per her request to relieve her at the earliest. Subsequently, Ms. Laxmi Tanwar was relieved from the services of the Bank on 25.04.2025 at the close of Branch working hours.

Further, Ms. Laxmi Tanwar is hereby informed that once a resignation request is accepted by the Competent Authority & concerned staff is relieved from the services of the bank, the resignation cannot be cancelled. Also, there is no provision of reinstatement of service as per the extant guidelines of the Bank." 6.

Aggrieved, the Petitioner has now approached this Court seeking a writ of certiorari, quashing the aforesaid letter issued by the Respondent Bank, and a writ of mandamus directing them to accept the withdrawal of her resignation.

7.

The Court has considered the aforenoted contentions. It is well settled in service jurisprudence that the jural relationship between an employer and an employee stands severed upon acceptance of resignation by the competent authority and communication thereof to the employee. Once the W.P.(C) 18390/2025 Page 4 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

resignation is accepted and the employee is duly relieved from service, the cessation of employment becomes final. At that stage, the employee does not retain any vested right to unilaterally withdraw the resignation.1 In the present case, the Petitioner's resignation was accepted by the competent authority and she was formally relieved from service on 25th April, 2025. The subsequent request for withdrawal of resignation, having been made after acceptance and relief from service, therefore, could not be entertained as a matter of right.

8.

The reliance placed by the Petitioner on Rule 26(4) of the CCS (Pension) Rules, 1972 is also misconceived. The said provision merely enables the employer to permit withdrawal of resignation in exceptional circumstances. It does not confer any indefeasible or enforceable right upon an employee to demand reinstatement after resignation has been accepted. In the absence of any statutory mandate or arbitrariness in the decision-making process of the Respondent Bank, no writ of mandamus can be issued directing acceptance of the Petitioner's request for withdrawal of resignation.

9.

Accordingly, the petition is dismissed along with pending application(s), if any.

SANJEEV NARULA, J FEBRUARY 5, 2026/ab 1 Power Finance Corpn. Ltd. v. Pramod Kumar Bhatia, (1997) 4 SCC 280; Raj Kumar v. Union of India, AIR 1969 SC 180.

W.P.(C) 18390/2025 Page 5 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.