LAXMI PRASAD BANJARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioner is seeking the reliefs reproduced as under:-

(2.) Facts of the case in brief are that by order dtd. 3/7/2008 (Annexure P-1) the petitioner was appointed as Shiksha Karmi Grade II in Middle School, Fulwaripara, Block Pali, District Korba, on probation. He joined the said post on 22/7/2008 and discharged his duties. On 20/2/2009 he submitted his resignation (Annexure P-2) to respondent No. 5 on the ground of illness. However, on 9/3/2009 after recovery from illness the pe-titioner moved an application for revocation of the resignation vide (Annexure P-4). No response was however received by the petitioner on his revocation application from respondent No.5 either with regard to its acceptance or otherwise. Even subsequently, he kept on making representations till 2014 for withdrawal of his resignation, and when they all remained unresponded to, he filed this petition.

(3.) Reply on behalf of respondent No.5 was filed with the averment that the petitioner submitted his resignation on 20/2/2009 and surrendered one month's salary as per clause 4 of the order of appointment but he has suppressed the fact about surrender of one month notice pay, therefore, his services were automatically terminated as per the clause 4 of the appointment order. Reply filed on behalf of respondent No.5 further says that as per clause 2.2 of the advertisement any candidate who is having two or more children out of them one born after 26/1/2001 will be ineligible for appointment. There was a complaint made against the petitioner that he is having four children, three of them were born after the cut off date i.e. 26/1/2001 and being so the petitioner is even otherwise not eligible for the post of Shiksha Karmi Grade II.