D V PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two petitions are connected with each other and both the petitions are filed by the same petitioner. Hence, both these petitions are disposed of by this common judgment.

(2.) First petition is for quashing the impugned order dated 16-5-1984 Annexure-1 whereby the petitioner's resignation was accepted with effect from 12-10-1981 and the second petition has been filed for a direction to the respondents to regularise the petitioner's interruption in duty for the period from 13-10-1981 to 26-1-1982 and to fix the pay of the petitioner with effect from 27-1-1982.

(3.) The petitioner was appointed as an Assistant Engineering Superintendent in the Department of Technical Education on 12-2-1971 and he was promoted as a Principal of Weir Industrial Institute, Dharampur by the order dated 2-4-1981. The petitioner submitted his resignation to the Director of Technical Education by his letter dated 12-9-1981. He was relieved by the Director of Technical Education by the order dated 12-10-1981. On 16-12-1981 the petitioner sent an application to withdraw his resignation and requested for resuming the duty on the ground that his resignation was not accepted till then and before acceptance of the resignation he withdrew his resignation and he should be allowed to resume his duty. By the letter dated 21-1-1982, the petitioner was directed to work as an Officiating Principal of the Industrial Institute, Amreli. Pursuant to that order the petitioner joined his service on 27-1-1982. By the order dated 17-12-1983 the petitioner was relieved as per the direction of the Government. By the order dated 28-12-1983 the order dated 17-12-1983 of the Government was kept in abeyance. Later on the Government passed the order dated 16-5-1984 whereby the resignation of the petitioner was accepted with effect from 12-10-1981. That order has been challenged in this petition being Special Civil Application No. 2786 of 1984.