D SUNDARA RAO Vs. VISAKHAPATNAM PORT TRUST VISAKHAPATNAM

JUDGEMENT

(1.) The petitioner a member of Schedule Caste, joined the Visakhapatnam Port Trust as Assistant Secretary (Class I) on 28-11-1964. After some time there seems to have developed misunderstanding between him and his superior authority. Allegations and counter allegations have been made in the petition and the counter and references are made to a series of correspondence. Nothing, however, turns upon these allegations and counter allegations. The petitioner gave a notice of resignation on 3-4-4970. It rr ads :

(2.) The port Trust authorities accepted the same by their letter dated -41-1970 which reads as follows : " The Chirman has accepted your resignation for the post of Assistant Secretary (Class I) at this port Trust with effect from 2-7-70 A.M." The petitioner, however, on a second thought, withdrew his resignation in the following manner under a telegram dated 9-4-1970. "Schedule caste officer D. Sunder Kao, Assistant Secretary, port Visakbapatnam, harassed, victimised, compelled resign job, pray enquily, report follows".

(3.) On the same date i.e., on 9-4-1970, he issued a letter confirming the contents of the telegram. Subsequently on 18-4-1970 the petitioner sent the following letter : "I have resigned in haste. 1 therefore hereby withdrew my resignation, I would request that my letter of resignation forwarded on 3-4-1970 may kindly be treated as conceited." The petitioner repsated his withdrawal by another letter dated 25-4-1970 requesting the authorities to treat his resignation letter as withdrawn which according to him was sent in haste. The Port Trust authorities, however, rejected the request of the petitioner by their letter dated 8-6-1970 which runs : "As your resignation has already been accepted it is regretted that your request cannot be granted."