V R DHANANAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, a Medical Officer, of Health Department of Government of Gujarat, filed this Special Civil Application and prayer has been made for declaration that the petitioner had lawfully withdrawn his resignation dated 17th November, 1978. Further prayer has been made for declaration that the petitioner is in continuous service as if the letter of resignation dated 17th November, 1978 was never tendered and the order dated 18th April, 1979 appointing the petitioner as the new entrant is illegal. Further prayer has been made for declaring the order dated 28-1-1980, terminating the petitioner's services as illegal and void.

(2.) The facts of the case, in brief, are that the petitioner was temporarily appointed to the Gazetted post of Medical Officer in the Gujarat Public Health Service Class-II vide order dated 15th December, 1970. Thereafter, the petitioner was selected for this post by the Gujarat Public Service Commission and he was given the regular appointment under the order dated 18th January, 1972.

(3.) On 17th November, 1978, the petiioner submitted a letter of resignation from the services to the Director of Health and Medical Services. No communication has been received by the petitioner for the acceptance of the said resignation. On account of the change in his family circumstances, the petitioner withdrew his letter of resignation by a letter dated 24th January, 1979 addressed to the Hon'ble Minister for Health. The petitioner has approached to the authorities and ultimately, the petitioner was appointed on temporary basis as Medical Officer as a fresh entrant under the order dated 18th April, 1979. After the aforesaid order, the petitioner protested against his appointment as a fresh entrant and reference has been made to his representation dated 26th April, 1979. Then he sent another representation which was followed by subsequent reminders. In those representations, the petitioner had made a request for condonation of break in his service, but that request of the petitioner has been turned down by the respondents vide letter dated 7th January, 1980, a copy of which is submitted on record of this Sp. C.A. as annexure 'I'. The petitioner made further representation. However, under the order dated 28th January, 1980, the services of the petitioner were terminated. Hence, this Special Civil Application.