BHARTIBEN CHANDRAKANTBHAI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant was appointed as an Auxiliary Nurse Midwife by the District Panchayat, Valsad on 15/1/1980. She submitted her resignation from service on 18/4/1993, but on 23/11/1993, withdrew it. On 20/12/1993, she was called upon to resume service. She was however not permitted to join until 16/4/1994. On 23/26/12/1994, an order was passed accepting her resignation with effect from 31/3/1993. This gave rise to the institution of a petition,Special Civil Appeal No 10418 of 1995. under Article 226 of the Constitution by the appellant.

(2.) By a judgment dtd. 12/10/2000, a Single Judge of the High Court of Gujarat set aside the order dtd. 23/26/12/1994 and directed that the appellant would be entitled to all consequential benefits.

(3.) In a Letters Patent Appeal,Letters Patent Appeal No 97 of 2001. filed by the State of Gujarat, a Division Bench of the High Court found that the appellant had not been allowed to resume her duties for no fault of hers. However, the Division Bench directed that the appellant shall not be entitled to any benefits for the period for which the resignation was in force.