JWALA PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THESE writ petitions have no force. They have been filed by three Patwaris who had tendered their resignations which were accepted by the Government, and they now claim that they should have been allowed to continue in service. Learned counsel state that the facts of the three cases are similar and the same point arises in all the three. We will, therefore, give the facts of one case and this judgment will govern the other two cases.

(2.) IN Miscellaneous Writ Case No. 389 of 1953 Jwala Prasad was appointed Patwari of Akoraha circle, district Banaras in the year 1942. Towards the end of the year 1952 and beginning of 1953 there was a certain amount of agitation among the Patwaris as they considered that their terms and conditions of service were not satisfactory. On 2-2-1953 Jwala Prasad sent a letter of resignation, which is annexure A to his affidavit. The first paragraph of this letter ends with the words "atah apne pad se tyag patra de deta hun", which means "i am, therefore, tendering my resignation". The last paragraph of this resignation letter is as follows :

(3.) IT is said in the counter-affidavit that as Jwala Prasad's Character-Roll showed 18 adverse entries made against him and his record of service was found to be unsatisfactory, the sub-Divisional Officer did not consider him fit for re-employment and he was, therefore, not re-employed and was asked on the 8th of April, 1953, to hand over charge.