RAJ PRAKASH RAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has filed this writ application for quashing the order dated 7.9.1995, Annexure -I, whereby and whereunder his resignation has been accepted with effect from 29.2.1988.

(2.) THE petitioner joined as Touring Veterinary Officer, Naron in the district of Saran on 21.3.1983. He was transferred to Phulwari Sharif Block by order dated 25.6.1987. He joined there unilaterally. The incumbent of the post did not hand over charge to him and ultimately the order of transfer was stayed. He was also not paid salary for the period December, 1987 to February 1988. He tendered his resignation on 29.2.1988. He engaged himself in a private firm and continued there till 10.7.1991. On 11.7.1991 he filed a petition for withdrawal of his resignation. Thereafter, he filed several reminders, lastly on 19.4.1994, but nothing was done. He filed CWJC No. 2771/94 for issue of a direction for his posting on the vacant post. While the writ petition was pending the order, Annexure -1, accepting his resignation with effect from 29.2.1988 was passed.

(3.) A counter -affidavit has been filed on behalf of respondents stating therein that the petitioner submitted his resignation on 29.2.1988 stating that in anticipation of approval he treated himself from the Government job with effect from afternoon. He joined the service in a private company, namely, Pfizer Ltd. on 1.3.1988 and he worked till 19th August, 1991. He submitted his joining on 11.7.1991 stating therein that he was suffering from abdominal diseases and was on rest under the advice of the Doctor. The aforesaid statement is not correct as on the one hand he says that he was ill were as on the other hand he admitted in the writ petition itself that he was working in Pfizer Ltd. Besides he submitted his joining on 11.7.1991 when he was working in Pfizer Ltd. In reply to the counter -affidavit it has been stated that he submitted his resignation in Pfizer Ltd; on 29.5.1991. In terms of the agreement the firm simply treated the petitioner in service till August, 1991 although he submitted his resignation on 29.5.1991 and he disassociated himself from the affairs of the firm after tendering resignation.