HARIBHAI J DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of this petition, the petitioner has sought for quashing the order dated 27th April, 1992 and for a direction to the respondents to treat the petitioner in service and as on duty for all purposes and to pay him all the benefits including salary as if the letter/order dated 27th April, 1992 was not passed.

(2.) The petitioner was appointed as an Assistant Agricultural Engineer at Jamnagar and he resumed his duties on 15.2.82. Pursuant to the Government resolution dated 13th January, 1983, the petitioner was transferred to Gujarat State Land Development Corporation Ltd., Ahmedabad and consequently, the petitioner was sent on deputation to the Corporation for a period of two years vide office order dated 2nd April, 1983 with effect from 1st February, 1983 with the designation of Field Supervisor (Mechanical). On 18.12.1984, the petitioner went on sanctioned leave for 45 days upto 28th January, 1985. Thereafter, on 24th January, 1985 the petitioner applied for leave without pay from 29.1.1985 to 28.6.1985. Meanwhile, the petitioner was called upon to work as Presiding Officer in the general elections in the month of February, 1985 for four days which he did. The petitioner sent his letter of resignation dated 6th March, 1985 to the respondent no. 2 requesting him to accept the same with effect from 19.12.1984. The petitioner sent a letter by telegram dated 5.4.1985 withdrawing his resignation. On expiry of leave sought for by the petitioner, he went to resume his duties on 29th June, 1985. However, he was not allowed to do so. The petitioner again requested to permit him to resume his duties on 29th August, 1985. By a letter dated 10th September, 1985 the Corporation informed the petitioner to deposit some alleged dues so that his resignation could be accepted. The petitioner informed the Corporation that he had tendered his resignation due to mental instability and the said resignation has already been withdrawn on 5.4.1985. He further requested to allow him to resume his duties. The petitioner was informed by the letter dated 22nd November, 1985 of the department that the petitioner was informed that unless he pays notice pay of Rs.1173.00, no orders could be passed either on the resignation or withdrawal of the resignation application. Hence, the petitioner deposited a sum of Rs.1173.00 on 1st October, 1985. Thereafter, the petitioner made several requests to allow him to resume his duties, but he was not permitted to do so. The respondent no.2 rejected the request of the petitioner to resume his duties by a letter dated 14.11.1991. After the receipt of the representation of the petitioner to the Minister of Agriculture, the Minister wrote a letter dated 21st April, 1992 to the respondent no. 2 to allow the application of the petitioner for taking him back in service and to take appropriate action in that behalf. The respondent no.2 Director of Agriculture, Gujarat State by his letter dated 27th April, 1992 accepted the resignation of the petitioner with effect from 19.12.1984. The petitioner again made a representation dated 4.5.1992 to the respondent no. 2 for taking the petitioner back in service as he had already withdrawn his resignation before it could be accepted, but the department had not responded. Hence, this petition has been filed by the petitioner challenging the order dated 27th April, 1992 and for a direction to the respondents to treat him in continuous service.

(3.) The order has been passed under the provisions of Rule 33-A of the Bombay Civil Service Rules 1959 which reads as under: