KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who was serving as a Social Studies Master in the Department of Education, Punjab, has filed the instant writ petition impugning the order dated 7.9.2012 at Annexure P11 whereby his claim for withdrawal of resignation prior to its acceptance has been declined. Further prayer has been raised for issuance of directions to the respondents to re-instate him in service with effect from the date of offer of resignation made by him and for the grant of all consequential benefits. Brief facts that would require notice are that the petitioner was initially appointed as an Elementary Teacher in the respondent-Department on 9.12.1992. He was promoted as Social Studies Master in the year 2004. On 9.1.2012, the petitioner submitted a letter of resignation for contesting the Punjab Vidhan Sabha Elections which were going to be held on 30.1.2012. However, prior to any decision having been taken on his resignation letter dated 9.1.2012, the petitioner withdrew his resignation in terms of submitting communication dated 23.1.2012, Annexure P2, and stated that he would join back duties w.e.f. 1.2.2012. Having evoked no response, the petitioner submitted another letter dated 31.1.2012, Annexure P3, for withdrawal of his resignation. As the petitioner was not being permitted to join back on duty, he submitted a number of representations stating therein that he had already withdrawn his resignation and, accordingly, he be permitted to join back on duty. Vide letter dated 20.3.2012, the District Education Officer (Secondary Education), Gurdaspur informed the Principal of the School where the petitioner had been serving i.e. Government Senior Secondary School, Dhariwal Raina, District Gurdaspur that the request of the petitioner had been duly forwarded to the Director, Education Department, Secondary Education Punjab on 6.2.2012 and as and when any information is received, the same shall be conveyed. However, on 7.4.2012, the petitioner received an order dated 27.2.2012 whereby his resignation was stated to have been accepted. The petitioner immediately submitted a representation dated 9.4.2012 stating therein that the order dated 27.2.2012 had been passed without taking into account the fact that he had already withdrawn his offer of resignation.

(2.) As no action was being taken on his representation dated 9.4.2012, the petitioner approached this Court by filing Civil Writ Petition No. 7521 of 2012 impugning the order dated 27.2.2012 whereby his resignation had been accepted. Such writ petition was disposed of on 25.4.2012 with a direction to respondent No. 1 to consider the representation dated 9.4.2012 of the petitioner and to pass a speaking order thereupon within a period of two months. It is in purported compliance of the directions passed by this Court that the impugned order dated 7.9.2012 at Annexure P11 has been passed by the Secretary to Government Punjab, Department of School Education taking a view that since the petitioner has tendered his resignation to contest the Punjab Vidhan Sabha Elections to be held during January 2012, the same cannot be construed to be compelling reasons and as such, he cannot be permitted to withdraw his resignation.

(3.) Learned counsel for the parties have been heard at length and pleadings on record have been perused.