Kamlesh Prasad Chaurasiya And Anr ... vs The Chairman, U.P. Rajya Vidyut ...
2023 Latest Caselaw 1564 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

Court No. - 1
 

 
Case :- SPECIAL APPEAL No. - 104 of 2022
 

 
Appellant :- Kamlesh Prasad Chaurasiya And Anr (In Wria 781 Of 2022)
 
Respondent :- The Chairman, U.P. Rajya Vidyut Utpadan Nigam Ltd. And Ors
 
Counsel for Appellant :- Mahfooz Alam
 
Counsel for Respondent :- Puneet Chandra
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Subhash Vidyarthi,J.

1. Heard Sri Mahfooz Alam, learned counsel for the appellants and Sri Puneet Chandra, learned counsel for the respondents.

2. By means of the instant special appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 the appellants have challenged the judgment and order dated 16.02.2022 passed by an Hon'ble Single Judge in Writ A No. 781 of 2022, Kamlesh Prasad Chaurasiya & Anr. v. The Chairman U.P. Rajya Vidyut Utpadan Nigam Ltd. & Ors.

3. Briefly stated, facts of the case are that while the appellants were working on the post of Junior Engineers in U.P. Rajya Vidyut Utpadan Nigam Ltd. submitted resignation letters and requested to accept the resignation and for being relieved from the post as also for issuance of no objection certificate. The resignation letters were accepted vide Office Memorandum dated 22.12.2020 and 10.12.2020 and the appellants were relieved on the aforesaid dates.

4. The appellants filed Writ A No. 781 of 2022 praying for quashing of orders dated 22.12.2020 and 10.12.2020 and for a direction for issuance of fresh orders relieving the appellants while keeping their lien in the department intact.

5. The copies of the resignation letters submitted by the appellants state that they have been selected in Irrigation and Water Resources Department, U.P. on the post of Junior Engineer and for joining on the aforesaid post, the appellants resigned unconditionally which resignation has been accepted.

6. The Hon'ble Single Judge dismissed the writ petition filed by the appellants holding that in response to a specific query, the learned counsel for the appellants could not point out any provision of the Rule under which the appellants' lien could be saved after resignation from their service. Before this Court also, the learned counsel for the appellants could not point out any provision which would entitle the appellants to maintain their lien on the post of Junior Engineer even after submission of resignation and acceptance thereof for the purpose of enabling the appellants to join the service on the post of Junior Engineer in a department of the State Government. Therefore, we find no merit in the instant special appeal and the special appeal is, accordingly, dismissed.

(Subhash Vidyarthi, J.)       (Ramesh Sinha, J.)
 
Order Date :- 16.1.2023
 
Pradeep/-