UNION OF INDIA Vs. BHOM SINGH

JUDGEMENT

(1.) THIS appeal is against the judgment of the learned Single Judge, allowing the respondent's writ petition.

(2.) THE respondent (petitioner in the writ petition), was employed as Engineering Assistant, in the All India Radio, at Jodhpur. He applied for permission to take up an employment in the Rajasthan State Electricity Board and for the retention of his lien for two years. Simultaneously tendering his resignation, which had to be construed in the light of his prayer for retention of lien for two years. By letter dated 5 -6 -1982, he was relieved from his duty to take up the job in the Rajasthan State Electricity Board. Thereafter, by letter dated 30 -7 -1982 the respondent requested that he be permitted to return to the parent Department, on account of certain personal circumstances. However, the parent Department (appellants) took the stand that he had already resigned and his resignation had been accepted and therefore, he could not be permitted to revert to the parent Department. The respondent that filed the writ -petition, challenging the stand taken by the appellants. That petition has been allowed by the learned Single Judge, taking the view that the respondent had withdrawn his resignation before it had become effective since it was to be effective only on expiry of the period of two years during which his lien had been returned. Hence this appeal by the Employer.

(3.) ON the basis of the material present before the learned Single Judge, the view taken by the learned Single Judge, does not suffer from any infirmity, to permit interference in this appeal.