Patna High Court
Pankaj Kumar vs The State Of Bihar And Ors on 11 January, 2024
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7038 of 2016
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Pankaj Kumar Son of Harshit Prasad Yadav resident of Mohanpur
(Keshopur), P.S.- Jamalpur, District- Munger.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, General Administration
Department, Government of Bihar, Patna.
2. The District Magistrate, Munger.
3. The Excise Superintendent, Munger.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prashant Sinha, Advocate
For the State : Mr. Vivek Prasad, Gp-7
Mr. Sudhanshu Bhushan, AC to GP-7
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 11-01-2024
Heard learned counsel for the petitioner and learned
counsel appearing on behalf of the State.
2. The present writ petition has been filed for the
following reliefs :
"(i) For issuance of necessary direction to
the respondent authorities to accept the joining of
the petitioner on the post of Executive Assistant,
ignoring his resignation letter dated 22.10.2014,
which was submitted under duress, as the petitioner
was having second position in the panel prepared by
the District Magistrate, Munger for the B.C. category
candidates.
Patna High Court CWJC No.7038 of 2016 dt.11-01-2024
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(ii) For holding that the petitioner was
punished for raising his voice against the illegal
manner of recommendations being made by the
office of the District Magistrate inasmuch as several
persons, who were not even in the panel, were
recommended for appointment. When the petitioner
raised his voice, he was appointed but he was put
under such duress that he was forced to submit his
resignation.
(iii) For issuance of writ in the nature of
certiorari for quashing of the resignation letter
submitted by the petitioner on 22.10.2014 under
threat and duress because a resignation letter is a
voluntary act on the part of a person.
(iv) For any other direction, which your
Lordships may deem fit and proper in the facts and
circumstances of the case."
3. Pursuant to the advertisement issued by the
respondent no. 1 the petitioner has applied for the post of Executive
Assistant on contract basis and after appearing in the skill test
which was conducted by the respondent no. 2, the petitioner was
selected on the post of Executive Assistant. Thereafter, the
respondent no. 2 has recommended the name of the petitioner in
the office of Excise Superintendent. Pursuant to that the petitioner
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joined in service on 13.10.2014 and from perusal of the
appointment letter of the petitioner i.e. Annexure-5 of the writ
petition reflects that the appointment of the petitioner was made on
contractual basis and thereafter the petitioner had sent his
resignation letter vide letter dated 22.10.2014 and thereafter the
petitioner again written a letter on 10.12.2015 to the District
Magistrate (respondent no. 2) stating therein that my joining may
be accepted in accordance with law but the respondent authority
has not accepted the contention of the petitioner and as per
instruction even the resignation of the petitioner was not accepted
as yet and the respondent may be directed to accept the joining of
the petitioner on the post in question.
4. Learned counsel for the State on the other hand
referring the counter affidavit stating therein that the petitioner
was appointed and he had joined on 13.10.2014 and thereafter he
sent his resignation letter to the authority concerned on 22.10.2014
and pursuant to the letter of the respondent no. 3, the respondent
no. 2 sent another person namely Dhiraj Kumar Verma in place of
the petitioner and he is working in place of the petitioner in the
office of the Superintendent of Excise, Munger and panel has
already expired after one year of preparation of panel and
petitioner has requested the authority to accept his joining after
more than a year i.e. 10.12.2015 after the expiry of panel.
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5. In reply, learned counsel for the petitioner relied upon
the judgment of the Hon'ble Supreme Court in the case of Air India
Express Limited and Ors. Vs. Capt. Gurdarshan Kaur Sandhu
passed in Civil Appeal No. 6567 of 2019 and in the case of The
Govt. of NCT of Delhi & Ors. Vs. Kamlesh Rani Bhatla passed in
Civil Appeal No. 1927 of 2023 and the order of this Court dated
17.12.2013
passed in LPA No. 598 of 2013. He further submits that
the Hon'ble Apex Court has held that even if the resignation has
been accepted by the authority concerned, the person concern may
withdraw his resignation.
6. In the present case, the petitioner has joined the post
in question on 13.10.2014 on contractual basis and he resigned on
22.10.2014 and another person had already joined in place of the
petitioner.
7. In view of the discussions held hereinabove, this Court
is of the considered opinion that no right is accrued to the
petitioner to join the service after resignation and after the panel
has expired in accordance with Rule.
8. The writ petition stands dismissed.
Ibrar//-
(Rajesh Kumar Verma, J)
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 16.01.2024
Transmission Date N.A.
