MANOJ KUMAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner was appointed as Assistant District Prosecution Officer (ADPO) on 17-3-2011 for which he submitted his resignation on 23-6- 2014 which was accepted on 27-8-2014 and ultimately, he was relieved on 30-8-2014 and on next day 1-9-2014, he joined as Chief Law Assistant at Patna under East Central Railway. Thereafter, he filed an application on 14-12-2015 to the Government of Chhattisgarh that on the basis of his lien, he may be allowed to rejoin on the post of ADPO. The competent authority by its order impugned Annexure P-1 dated 28-4-2016, rejected the application on the basis of fundamental rule 14(c) that his lien has already come to an end. Questioning legality and validity of the order passed by the State Government, this writ petition has been preferred.

(2.) Mr. T.K. Jha, learned counsel for the petitioner, would submit that since the petitioner was confirmed on the post of ADPO by order dated 28-5-2016 with effect from 24-3-2013, therefore, he has a lien on the post of ADPO and he is entitled to rejoin on the said post by virtue of the provisions contained in Rule 14(d) of the Fundamental Rules.

(3.) Mr. Shashank Thakur, learned State counsel appearing for respondents No.1 and 2, on advance copy, would submit that the petitioner's resignation was accepted on 27-8-2014 and on 30-8- 2014, he was relieved and he was not confirmed on the date of acceptance of his resignation, subsequent confirmation on 28-5-2016 is nothing but an inadvertent one and that order has no consequence at all, as the relationship of employer and employee has already come to an end on 30-8-2014, as such, the petitioner having resigned before his confirmation, has no lien at all and therefore his application has rightly been rejected.