BHAIRON SINGH VISHWAKARMA Vs. CIVIL SURGEON NARSIMHAPUR

JUDGEMENT

(1.) BY an order dated April 24, 1959, the Director of Health Services, M.P., had appointed the petitioner temporarily until further orders as a lower division clerk and posted him to work in the office of the Civil Surgeon, Narsimhapur. BY a subsequent order of the appointing authority, dated August 9, 1965, he was declared to be a quasi-permanent servant. On December 22, 1966, he gave a three months' notice of resignation. BY a communication dated February 22, 1967, he withdrew his resignation. Even so, the Civil Surgeon had accepted the resignation on February 21, 1967 and the appointing authority subsequently accepted it on July 17, 1967. The petitioner was required to make over charge of the post held by him on April 14, 1967. His appeal against the acceptance of his resignation was dismissed on May 8, 1968. Being aggrieved, he has filed this petition under Articles 226 and 227 of the Constitution to call up and quash by certiorari the two orders of acceptance of his resignation and prayed for a suitable writ, order or direction for his reinstatement.

(2.) AMONG the grounds raised in support of the petition, the following were pressed before us :

(3.) THE result is that the petition succeeds and is allowed. THE orders dated February 21, 1967 and July 17,1967 accepting the petitioner's resignation are quashed and the respondents are directed to deal with (he case of the petitioner as if his resignation never took effect. THE respondents shall bear their own costs and pay those incurred by the petitioner to whom the security amount shall be refunded. Hearing fee Rs. 100.