RAJESHWAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) Petitioner, a Lecturer in A. N. Sinha Institute of Social Studies at Patna resigned from the post of Lecturer in Psychology. The resignation was tendered on 06.05.2002 in his own pen and signature, addressed to the Director, A. N. Sinha Institute. The same was accepted. The master-servant relationship ended and after almost 8 years of such resignation, suddenly the greed, if not lure for money, brought the present appellant before the writ court, demanding a direction upon the respondents to pay him pension,gratuity and other retrial benefits.

(3.) The Learned Single Judge took note of the submissions made on behalf of the petitioner, the appellant herein, and the various interplay of the Rules, which governed such issue. One of the submissions is that since there is no provision in the regulation or the rule, relating to the service conditions of the A. N. Sinha Institute with regard to resignation, therefore, the appellant should be entitled to pension and gratuity and his resignation should be treated as a case of voluntary retirement.