K R BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner joined service in the Education Department of the Government of Gujarat, as a Junior Clerk, from 10th January, 1983. He submitted an application on 10th August, 2009 to the Commissioner, Mid-day Meal Scheme tendering his "voluntary resignation" to take effect from 11.11.2009. The said communication ventilates his grievances which, probably, led him to tender resignation. The respondent authorities, on 12th August, 2009, forwarded the said resignation to the Commissioner, Mid-day Meal Scheme, Gandhinagar. The Commissioner, by communication dated 13th August, 2009, addressed to the Principal, District Education and Training Bhavan (respondent No.5) intimated that the petitioner's resignation was accepted by him with immediate effect, i.e. to take effect on 13th August, 2009 after office hours, with a further direction to recover the Government dues, if any, from the petitioner and deposit the same forthwith. Parallel to this, the petitioner, on 13th August, 2009, again addressed a communication indicating that he had through inadvertence used the words "voluntary resignation" in place of "voluntary retirement" and the communication dated 10th August, 2009 be treated as such; and that he intended to tender voluntary retirement, so that he would get all consequential benefits, but through inadvertence, the expression "voluntary resignation" was used. It was then indicated that he was withdrawing the voluntary retirement or voluntary resignation forthwith as it was to become effective from 11.11.2009. The petitioner also seems to have challenged the Commissioner's action of accepting the "voluntary resignation" with effect from 13.08.2009 after office hours by the said communication.

(2.) This sparked off civil disputes between the parties leading to various applications, etc., whereby the petitioner complained that he was not permitted to work and sign muster, etc. But, ultimately, the petitioner is required to prefer this petition since from 13th August, 2009, he was not permitted to work as having been treated as a resigned employee. This is reflected in communication dated 26th August, 2009 by the Commissioner's office.

(3.) In this petition, the petitioner, inter alia, makes following prayers :-