HARYANA STATE CO OPERATIVE DEV Vs. RAJBIR SINGH

JUDGEMENT

(1.) Can a person claim increments for the period during which he has been practising law and has not been serving the employer ? This is the short question that arises in this miscellaneous application. A few facts may be noticed.

(2.) The respondent was working with the Haryana State Co-operative Development Federation Limited. On May 9, 1990 he informed the Managing Director that he wanted to start practice as a lawyer. He gave three months' notice "for resignation which may kindly be accepted on August 9, 1990." This request was accepted by the employer on June 15/29, 1990. The respondent was relieved of his duties. On August 3, 1990 the respondent addressed another communication to the Managing Director. He requested that he may be allowed to withdraw the resignation which had to be accepted on August 9, 1990. He was informed that his resignation had been accepted in the meeting held on June 29, 1990. Aggrieved by this action, the respondent had approached this Court through a petition under Article 226 of the Constitution.

(3.) The learned single Judge having accepted the petition, the Federation had filed a Letters Patent Appeal. The Bench hearing the appeal found that the respondent had tendered his resignation to start legal practice. He had obtained a licence to practice law on July 3, 1990, It was further observed that "the submission of the letter dated August 3, 1990 for permission to withdraw the resignation was a device for use at a later stage. The respondent conducted the cases........ Yet, the fact remains that the respondent was gainfully employed." In these circumstances it was held that the respondent was not entitled to the salary "for the period during which he was practising as an Advocate." The petition was, accordingly, disposed of vide order dated April 18, 1998. It was, however, observed that the respondent shall be entitled to the benefits of continuity in service.