PRAKASA RAO V S Vs. COMMISSIONER OF SPORTS

JUDGEMENT

(1.) The petitioner was appointed as Junior Assistant in the Sports Authority of Andhra Pradesh on 08-08-1974. The petitioner was promoted as Senior Assistant on 01-09-1976 and he was further promoted as Superintendent with effect from 11-03-1983 and at the relevant point of time he was serving in the office of the first respondent. The petitioner tendered his resignation to the post on 31-12-1998 (sic. 1997). His resignation letter reads as under:

(2.) In response to Rule Nisi, the respondents have filed counter-affidavit justifying the acceptance of the resignation of the petitioner tendered on 31-12-1997 and not continuing the services of the petitioner after 01-01-1998.

(3.) Although the petitioner has set out the circumstances which led to his tendering resignation to the post of Superintendent in great elaboration in the affidavit filed in support of the writ petition, I do not think it necessary for the Court to refer to those parts of the pleadings for the purpaose of deciding the writ petition. Suffice it to state that the factual assertions made by the petitioner in the affidavit highlighting the background that led to his retirement have been squarely denied by the respondents in their counter-affidavit, and there is no independent materials placed before the Court to express any opinion on the above factual assertions made by the petitioner in his favour. Upon hearing the learned Counsel for the parties, 1 found that the petitioner is entitled to succeed in the writ petition solely on point of law. There is no controversy and there cannot be any controversy that the petitioner's resignation was accepted by the Vice-Chairman and the Managing Director of the Sports Authority of Andhra Pradesh by proceedings dated 31-12-1997 with effect from 01-01-1998 a.n. The petitioner in his affidavit filed in support of the writ petition in paragraph-7 has stated thus: