I am currently working in a PSU govt. I have given my resignation letter earlier in March and was serving a 3-month notice period. After 20 days, I left the company and later applied for leave for one month for personal reasons but returned after 5 months to serve the remaining notice period. Now HR is saying that your relieving date has passed, and now you have to file a fresh resignation and serve another 3 months. Is the first resignation relapse a thing? How to proceed?
From India, Pune
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KK!HR
1655

Once resignation is submitted, unless it is rejected, the same is final and binding. The resignation cannot lapse by itself. Since you have not withdrawn your resignation and have not shown any intention to continue in service, your resignation is final and enforced. Indeed, the notice period being over, you need not serve the remaining notice period, and you are deemed to have been relieved at the end of the third month. After five months of your resignation, there cannot be a fresh resignation, and you should insist on being issued a relieving order and receiving a full and final settlement.
From India, Mumbai
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Dear Bablu S,

Once a resignation is submitted, it cannot be replaced or withdrawn unless the resignee decides to withdraw it. In your case, if your leaves during the notice period were approved, then you are only entitled to a full and final settlement with an adjustment for the notice period not served. There is no law that can compel you to serve your notice period again.

Kind regards,

[Your Name]

From India, Noida
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