EX CT. MANOJ YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner through instant petition under Article 226/227 of the Constitution of India is seeking setting direction to respondent to treat his resignation as technical resignation.

(2.) The petitioner joined Haryana Police as Constable on 2/3/2019. HSSC by way of Advertisement No. 4/2024 invited applications for the post of Clerk. He sought permission from the department for applying for the said post which was accorded by the respondent-Department vide letter dtd. 5/7/2023. The petitioner cleared all the stages and came to be selected as Clerk in HSIIDC. He submitted resignation dtd. 20/10/2024 to the respondent. The respondent vide order dtd. 30/12/2024 accepted his resignation. He vide representation dtd. 3/1/2026 requested the respondent to consider his resignation as technical resignation but to no avail.

(3.) Learned counsel for the petitioner submits that petitioner applied against Advertisement No.4/2024 after seeking permission from the authorities. The respondent has wrongly withheld his technical resignation. The respondent in the case of similarly situated candidates has treated their resignation as technical resignation. This Court in Ravi Kumar vs State of Haryana, LawFinder Doc ID # 2761235 has adverted to similar situation and allowed writ petitions.