RAJE RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, who had resigned from the service on 18.12.1986, seeks his reinstatement on the ground that he had withdrawn this resignation before it was accepted and hence the action of the respondents in accepting the resignation be set - aside paving way for his reinstatement.

(2.) Petitioner was serving as S.S.Master at Government Senior Secondary School, Jind. He claims that being compelled by adverse and unfortunate family circumstances, he tendered his resignation on 18.12.1986 with a request to the respondents to accept the same w.e.f.18.3.1987. While the resignation was pending before the authorities concerned, the petitioner made a representation on 26.5.1987 for withdrawing the resignation because of change in family circumstances. This representation/request was submitted to District Education Officer, Jind through Principal, Senior Secondary School, who also recommended acceptance of request for withdrawal of the resignation. The petitioner, however, was communicated a letter dated 29.6.1987 accepting his resignation w.e.f.18.3.1987. Copy of this letter has been attached as Annexure P - 3. The petitioner submitted another representation to Commissioner and Secretary, Government of Haryana, which was not decided and ultimately the petitioner has filed this writ petition to impugn the said order.

(3.) Respondents would oppose the prayer of the petitioner and would point out that the petitioner had submitted his resignation, giving notice for three months and it was accepted with effect from the date as desired by the petitioner, though the order was passed on 9.6.1987. It is also stated that the petitioner could have withdrawn this resignation before the expiry of period of three months i.e. 18.3.1987 but the petitioner had submitted representation for withdrawal much after expiry of this period on 26.5.1987. Accordingly, this prayer for withdrawal was rejected and the resignation was accepted.