MOHAN LAL JINDAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present regular second appeal has been filed by the plaintiff against the judgment of the lower Appellate Court whereby the suit filed by the plaintiff was dismissed after reversing the findings recorded by the trial Court decreeing the suit filed by the plaintiff.

(2.) The plaintiff was appointed as Junior Engineer in the Public Health Sub Division, Budhladha in the year 1985. He submitted his resignation on 22.6.1992. In the resignation he had specifically stated that the same should be accepted within a period of one month of its being tendered i.e. up to 31.7.1992. Thereafter it is the case of the plaintiff that he withdrew his resignation vide his request dated 31.12.1999 i.e. after a period of 7-1/2 years. When his request was not accepted then he sent a telegram on 12.1.2000 and another letter dated 7.3.2000 seeking reinstatement. When there was no response to the same, he served a legal notice. Thereafter the plaintiff filed the present suit in the month of August 2002.

(3.) The defendants appeared and contested the same. However the defendants could not produce any specific order by which the resignation filed by the plaintiff had been either accepted or declined. The defendants relied on a Government Circular No. 184 C.O. 1-77/40341 dated 14/15.9.77 and contended that the resignation had become effective after the expiry of a period of one month and therefore it would be deemed to have been accepted.