PRITHAVIRAJSINGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned single Judge in Special Civil Application No. 1366 of 1986. The appellant was working as Assistant Engineer (Civil) in the Irrigation Department of the Gujarat State. On 22-4-1985, he tendered a resignation letter to the Superintending Engineer for being forwarded to the Government. In anticipation of the acceptance of the resignation, he relinquished the charge on 29-4-1985. On 26-7-1985, wisdom dawned on him and he submitted an application requesting for withdrawal of his resignation letter submitted on 22-4-1985. This letter was also submitted to his next superior officer, namely, the Superintending Engineer and the Superintending Engineer, in turn, forwarded the letter to the Chief Engineer and he permitted the appellant to join duty. The Superintending Engineer made submission to the higher authorities that the absence of the appellant from duty for the period from 29-4-1985 to July 1985 be treated as leave for unauthorised absence. It appears that on 10th October 1985, the Government issued an order, first paragraph of which reads as under :

(2.) The appellant, thereafter, continued to be in service and while so, he received an order dated 3-3-1986 intimating him that his resignation was accepted. Then the appellant filed Special Civil Application challenging the order dated 3-3-1986 whereby his resignation was accepted.

(3.) The learned single Judge dismissed the Special Civil Application on the ground that the resignation tendered by the appellant was deemed to have been accepted, in view of second part of Rule 33A(2) of BCSR. It was held that once resignation has become effective, the claim of the appellant that he was entitled to continue in service cannot be accepted. This finding of the learned single Judge is challenged before us by way of this appeal.