BHANWAR LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) A 'hangover' of internal emergency of India in 1976, this writ petition is the result of half hearted relief given to an employee after 'change over' of the Government in 1977-78. A resignation obtained by duress, and coercion on refusal to undergo 'nas-bandi' vasectomy from, an Govt. employee, during emergency, is no resignation in the eye of law, is the 'pivot' of reasons for accaptance of this writ petition.

(2.) THE petitioner was a permanent railway servant in the non-gazetted class-Ill service. He was appointed on 12th of September, 1966. He was working as Fitter in the scale of Rs. 260-400/- in the Foundary department of Loco-workshoop at Ajmer and was drawing Rs, 430/- as per his pay-slip issued to him in the month of November, 1976.

(3.) THE petitioner's case is that fas soon 'as the emergency was lifted, he applied to respondent No. 2, requesting him for cancellation of his resignation and taking him back on duty. Inspite of the representations dated 27-5-77 and 27-9-77, the petitioner was not taken back on duty.