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<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd"> <html xmlns="http://www.w3.org/1999/xhtml"> <head> </head> <body> <div style="font-family:Verdana, Geneva, sans-serif; font-size:12px; text-align:justify"> <table width="800" border="0" style="border:1px solid #ccc;padding:5px;" align="center" cellpadding="6" cellspacing="0"> <tr> <td align="left" valign="top"> High Court of Delhi Resignation once accepted cannot be taken back MANU/DE/2838/2021 - (25 Oct 2021) </td> </tr> <tr> <td align="left" valign="top">Moharram Ali Khan Vs. Jamia Milia Islamia and Ors.</td> </tr> <tr> <td align="left" valign="top" style="background-color:#FDEDCE">Present petition has been filed by the Petitioner for issuance of a writ of mandamus or any other appropriate writ commanding the Respondent by directing them to allow the Petitioner to join his duty as professor in "Centre for Interdisciplinary Research in Basic Sciences " of the JMI. 
The Petitioner joined the Respondent University as Professor in Mathematics in the year 2007. While working so, he, on February 17, 2010, applied for the post of Professor in King Abdulaziz University, Saudi Arabia, for which he sought 'No Objection Certificate'/grant of Extra Ordinary Leave ('EOL') from the University. The request of the Petitioner for EOL was not acceded to in terms of the letter dated August 20, 2010. 
The Petitioner would submit that, the Petitioner had met the Vice-Chancellor of the Respondent University, who had observed that the request of the petitioner for EOL shall be favourably considered. After completing one year of contract service in Saudi Arabia, the petitioner came back to India on August 25, 2011 and reported for duty at the University. But his request for joining was not acceded to, which resulted in the filing of the present petition. The only issue which arises for consideration is whether the respondent University could have allowed the Petitioner to re-join his duties as Professor (Mathematics). 
Initially, the Petitioner had applied for EOL but the same was rejected vide order dated August 20, 2010. It is also seen that, his alleged meeting with the Vice-Chancellor of the University did not bear any fruits. He being keen to join his assignment in Saudi Arabia had in the alternative made a request to resign from the post of Professor (Mathematics). It is the said request of the Petitioner dated September 21, 2010, which was accepted by the competent authority and an office order of September 29, 2010, was issued relieving the Petitioner from the services of the University w.e.f. September 22, 2010. 
The plea that, the Petitioner has not received the office order dated September 29, 2010, accepting his resignation is not tenable as the same was issued pursuant to the request of the Petitioner dated September 21, 2010 and the Petitioner cannot plead ignorance about the issuance of the order dated September 29, 2010, when the same was passed at his request. In any case, if the request of the Petitioner for EOL was rejected, he could not have left the University for taking the assignment in Saudi Arabia. He should have at least made inquiries about his resignation, before leaving for Saudi Arabia. A resignation once accepted cannot be taken back. Petitioner has resigned which request having been accepted, he cannot be allowed to re-join his duties. In the facts of present case, there is no merit in the petition. Petition dismissed.</td> </tr> <tr> <td align="left" valign="top" ></td> </tr> <tr> <td align="left" valign="top" >Tags : Duty, Joining, Direction</td> </tr> <tr> <td align="left" valign="top">&nbsp;</td> </tr> <tr>  <td align="left" valign="top">Source : newsroom.manupatra.com</td> </tr> <tr> <td align="left" valign="top">&nbsp;</td> </tr> <tr> <td align="left" valign="top">Regards</td> </tr> <tr> <td align="left" valign="top">Team Manupatra</td> </tr> <tr> <td align="left" valign="top">&nbsp;</td> </tr> </table> </div> </body> </html>