MADAN MOHAN TANTI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS letters patent Appeal arises out of the judgment dated 16-1-1989 passed by a learned Single Judge of this Court in CWJC No. 601 of 1988 (R), whereby and whereunder the said learned court dismissed the writ petition filed by the appellant with an observation that the resignation purported to have been tendered by him, and accepted by Respondent No. 3 in terms of its letter dated 19-2-1988 as contained in Annexure-7 shall operate with effect from the date of issuance of the said letter and not with effect from 1-6-1986.

(2.) THE fact of the matter lies in a very narrow compass.

(3.) ACCORDING to the appellant, owing to malicious attitude on the part of the concerned respondents towards him, he thought it fit to the go for pre mature retirement, wherefor he filed an application dated 13-9-1985 before respondent No. 3 requesting therein to permit him to retire voluntarily with effect from 1-6-1986 subject to certain conditions. The said application is contained in Annexure-I to the writ petition. It is admitted that the said offer of voluntary retirement was not accepted by the respondent No. 3 prior to 1-6-1986. ACCORDING to the appellant, he was also transferred by an order dated 26-6-1986 and he had all along been performing his duties.