BAJRANG LAL Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The question which arises for consideration of this court in the present writ petition is as to whether resignation once tendered by a Government servant before the Authority competent to accept the same can be withdrawn after its acceptance and the date from when the resignation tendered in such circumstances would become effective ?

(2.) The grievance of the petitioner in short is that he was appointed as a constable in Rajasthan Civil Police on 10.7.1982 under the Rajasthan (Recruitment of dependents of Government Servants Dying while in Service) Rules, 1975 (hereinafter referred to as "the Rules"). Thereafter he transferred to Jaipur in the Anti-corruption Department in April, 1986. After he had served the Department for about a month he was transferred to District Churu in May, 1986 and in Sept., 1989 he was again transferred to the office of Superintendent of Police, Jhunjhunu and posted at police station, Khetri. It has further been conceded by the petitioner that on 2.4.1990 he had submitted an application for two days casual leave for 3rd and 4th April, 1990 and sought permission to leave Headquarter. Altogether 25 days casual leave was due to the petitioner but he was not allowed to proceed on leave.

(3.) During the course of hearing learned counsel for the petitioner has contended that the competent authority was not justified in declining casual leave to the petitioner primarily on account of adverse family circumstances as his mother was ill and the petitioner also felt nervousness when his casual leave was not granted and he was not permitted to go home, as a result of which he himself became ill and suffered with acute diarrhea on 2.4.1990. He was hospitalised under the treatment of Dr. Sumer Singh at the Government Hospital and Doctor advised 7 days rest for restoration of his normal health. It was under these circumstances that the petitioner submitted his resignation vide his application, dated 2.4.1990 and in the said application he stated that it was on account of family circumstances, he may be allowed to tender his resignation from service and the said resignation was accepted by the competent authority, i.e. Superintendent of Police. Jhunjhunu vide Annexure 4, dated 24.4.1990. The petitioner was further directed to obtain No Dues Certificate and submit the same to the department. The said certificate was issued to the petitioner on 14.6.1990 and it was mentioned in the said certificate that a sum of Rs. 1,115.00 was dues from the petitioner and the said amount was deposited by the petitioner with the competent authority on 16.3.1991. Thereafter the petitioner on second thought over the matter with regard to his resignation which he had submitted earlier on 4.4.1990 and which was accepted by the competent authority w.e.f. 24.4.1990, he applied for withdrawal of his resignation by his application which was sent through registered A.D. post on 21.6.1990 and addressed to non-petitioner No. 2 viz. D.I.G., Jaipur Range, Jaipur. In the said letter the petitioner had narrated all the circumstances under which he was compelled to tender his resignation vide Annexure 7. Thereafter the petitioner kept on sending reminders to the non-petitioners on 21.6.1990, 21.7.1990 and 31.7.19911 but his above application was rejected by non-petitioner No. 2 on 31.8.1990 and which was forwarded to the petitioner on 4.9.1990 vide Annexure 8 to 10 respectively.