DISTRICT AND SESSIONS JUDGE BALOTRA Vs. KISHAN LAL

JUDGEMENT

(1.) THE present appeal arises out of the decision of a learned Single Judge of this Court dated 24. 3. 1998 whereby the learned Single Judge was pleased to accept the writ petition filed by the respondent No. 1.

(2.) IN the writ petition, the respondent No. 1 contested the acceptance of his resignation. On 6. 5. 1988 the resignation was submitted by the respondent No. 1. IN his resignation the respondent No. 1 expressed that the same should be effective from 16. 8. 1988. On 24. 6. 1988 the competent authority drawn proceedings by virtue of which the resignation tendered by the respondent No. 1 was accepted. It was further ordered that he will be relieved with effect from 16. 8. 1988 afternoon. A communication to this effect was sent to the respondent. On 2. 7. 1988, the respondent received this communication. 16th August was declared as Holiday. Therefore, on 17. 8. 1988 the respondent No. 1 was relieved. After receiving communication of acceptance of the resignation on 2. 7. 1988, the respondent No. 1 on 11. 7. 1988 addressed a letter (Annexure 3 ). IN this application the respondent No. 1 has said as under: *******8

(3.) THE State has reviewed the case of unwilling Government servants. THE case of the respondent No. 1 vide Annex. 2 is clear that he is unwilling to continue and even in Annex. 3 there was no intention expressed by the respondent No. 1 to continue but he only wanted that the notice period should be extended. That did not change the intention of the respondent No. 1 to be a positive one to resign. He continued to be an unwilling employee. Under such circumstances if the resignation was accepted then no wrong was committed.