CHAD TAN MAPOONG Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) By making this application under Article 226 of the Constitution of India, the petitioner, who was a District Agriculture Engineer, has approached this Court seeking issuance of appropriate writ/writs commanding the respondents to settle the petitioner's monetary benefits from the date of acceptance of his resignation from service and make payment of requisite monetary benefits legally due to the petitioner.

(2.) The petitioner's case, briefly stated, is as follows: While the petitioner was serving as a District Agricultural Engineer in the department of Rural Works Department, Arunachal Pradesh, he submitted his resignation from service on 01.09.83 alleging that he had been illegally superseded. The respondents did not accept the resignation of the petitioner and instead, placed him under suspension vide order, dated 23.04.84. The order of suspension was followed by framing of Article of Charge vide memorandum, dated 18.02.85. However, the disciplinary proceeding against the petitioner was not concluded and the petitioner remained under suspension for six long years till vide order, dated 17.04.90, his resignation was accepted retrospectively with effect from 01.09.83. Such an acceptance of resignation is wholly illegal and the respondents should have accepted the resignation of the petitioner with effect from 17.4.90 i.e., the date on which the resignation was formally accepted. By accepting petitioner's resignation with retrospective effect, respondents have illegally denied to the petitioner monetary benefits for long six years, when the petitioner had been kept under suspension. The petitioner has, therefore, approached this Court seeking reliefs as hereinabove indicated.

(3.) I have carefully perused the materials on record. I have heard Mr. T.Pertin learned counsel for the petitioner, and Mr. B.L.Singh, learned Sr. Govt. Advocate, appearing on behalf of the respondents.