JAYA KRISHNA SABAT Vs. DISTRICT JUDGE

JUDGEMENT

(1.) THIS Writ Petition has been fled for quashing the Order Dated 15.1.2007 (Annexure, - 4) by which the application for withdrawal of resignation of the Petitioner has been rejected by the District Judge, Kandamal.

(2.) THE facts and circumstances giving rise to this case are that the Petitioner while working as Head Clerk under the administrative control of the District Judge, Kandamal submitted resignation letter dated 27.11.2006 (Annexure -1) requesting the appointing authority to accept it with immediate effect. The appointing authority accepted the resignation vide Order Dated 2.12.2006 with a stipulation that the Petitioner would retire with effect from 28.2.2007. Petitioner submitted an application dated 22.12.2006 (Annexure - 3) withdrawing the said resignation as the same was to become effective from 28.2.2007. However, the said application has been rejected vide Order Dated 15.1.2007. Hence this Writ Petition.

(3.) ON the contrary Mr. P.K. Khuntia, Learned Additional Government Advocate has submitted that the resignation was tendered to become effective with immediate effect on 27.11.2006. Therefore, the Petitioner did not have any right to withdraw the same after acceptance vide Order Dated 2.12.2006. Therefore, the petition is liable to be dismissed.