MOHD SIDIQ NARGAL Vs. STATE

JUDGEMENT

(1.) PETITIONER was a Manager -cum -Chemist in the Horticulture Department. He proceeded on one months privilege leave from 23.3.77 allegedly to attend to his ailing mother in Iran. Later, he extended the leave by four months, which was sanctioned but thereafter stayed away and it is not known in what circumstances. He submitted his resignation on 4.1.83 and vide communication dt. 1.9.83 of respondent No.2 (Director), he was informed that the Govt. had not accepted his resignation. He eventually returned from Iran in 1985 and claims that he submitted his joining report which was not accepted. He also discloses that he was appointed as Manager on adhoc basis in Horticulture Production and Marketing Corporation and subsequently he joined SKUAST (Sher -i -Kashmir University of Agriculture, Sciences & Technology) where his services was regularised from 28.9.89.

(2.) HE also reveal that a corruption case was pending against him and that he was exonerated by GO No.83 -Home (Vig.) of 9l dt. 5.8.91. According to him, he thereafter made a representation to the respondents on 30.3.92 requesting them to allow him to join the Horticulture department and also withdrew his offer of resignation earlier submitted by him. Upon this, his case was recommended by respondent No.2 but surprisingly, GO No.612 -Agri of 1992 dt. 11.12.92 was passed accepting his resignation retrospectively from 23.3.77. He also complains of some promotions made during this period of some of his colleagues in the Horticulture department vide Go No. 346 -Agri of 1992 dt. 8.7.92 and prays for quashment of the order whereby his resignation was accepted retrospectively and a direction to the respondents to treat him as an employee of the Horticulture department.

(3.) IN the reply filed, it is submitted that the petitioner had voluntarily resigned from his post from 23.3.77, which was not accepted immediately because of the pendency of a criminal case against him which was settled later in 1992. Moreover, on his return to India, he had accepted employment first in J&K Horticulture Production and Marketing Corporation and later in SKUAST where he is working as Assistant Professor. Therefore, his link with the Horticulture department stood terminated otherwise and that he could not be treated in service of the Horticulture department.