Taking into account the plight of a woman who had tendered her resignation as a police constable due to stress, the Madurai Bench of the Madras High Court ordered her re-instatement.
The woman who had earlier tendered her resignation out of personal reasons, wanted to continue in service and sought withdrawal of her letter. A Division Bench of Justices N. Kirubakaran and S.S. Sundar observed that nowadays, the police force had been facing a lot of problems. Stress and work pressure had led to an increase in the number of suicides and deserters. Under such circumstances, the superior authority should call upon such persons and get to know the circumstances under which the resignation was tendered.
If it was tendered under a state of confusion, it was the bounden duty of the superior authority to provide counselling to the person. Pressure, stress and separation from family had been affecting the police personnel. The higher authorities had to consider these factors and give appropriate counselling.
Even genuine requests for leave sought by police personnel, particularly of that of police constables, were being turned down, the court observed and took judicial note of the fact that police constables were denied leave for even attending their children’s birthday, marriage celebration or festivals unreasonably. Disappointed, the police personnel tend to take emotional decisions.
It was the duty of the superior officers to counsel the police personnel when they were emotionally upset and dissuade them from tendering resignation. It was the police force that would be ultimately affected by vacancies if many police personnel were compelled to resign. Moreover, it would not only affect the police force but also the public as maintenance of law and order was dependant on it, the court said.
The court was hearing the appeal preferred by M. Jeyanthi from Palayamkottai against the acceptance of her resignation letter and the single bench order upholding the acceptance. In her appeal, Ms. Jeyanthi who was working as a police constable, said that she had tendered her resignation due to personal reasons. The letter was accepted and she was relieved from service.
However, she is said to have written a letter seeking the withdrawal of her resignation letter. Under Section 50 of the Tamil Nadu Government Servants (Conditions and Service) Act, 2016, three months prior notice was mandatory and before acceptance of the resignation letter, the government servant is at a liberty to withdraw the letter. She had withdrawn her letter within the 90 days.
The court observed that the 90-day-notice period was necessary as it not only granted time for the authority to consider the resignation letter, but also for the government servant to re-think. If the person intended to withdraw the letter, he/she was at a liberty to do so. However, in the present case, the resignation letter was accepted within 12 days without waiting for the 90-day period, the court observed.
The court held that the acceptance of the resignation letter was itself invalid and set aside the order passed to this effect. The court also set aside the single bench order and allowed the appeal. The authorities were directed to reinstate the woman in her post with continuity of service from April 21. The case was posted for reporting compliance for April 22.
