Rajasthan High Court - Jodhpur
Virender Pal vs The State Of Rajasthan ... on 8 December, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:42812] (1 of 3) [CW-6151/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6151/2021
Virender Pal S/o Lt. Gurupream Singh, Aged About 38 Years, 34,
Stg, Tehsil Pilibanga, District Hanumangarh, Through His
Authorized Representative Vivek Saharan S/o Daya Ram, Aged
About 41 Years R/o 13-Q, Bakhtana, Sri Ganganagar (Raj.)
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary,
Department Of Social Justive And Empowerment,
Government Of Rajasthan, Jaipur (Raj.)
2. The Director And Joint Secretary, Social Justice And
Empowerment Department, G-3/1, Ambedkar Bhawan,
Rajmahal Residency Area, Jaipur (Raj.)
3. Assistant Director, Social Justice And Empowerment
Department, Sri Ganganagar (Raj.)
----Respondents
For Petitioner(s) : Mr. NR Budania
For Respondent(s) : Mr. Talat Bari
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
08/12/2023
1. The petitioner has preferred the present writ petition
claiming the following reliefs :-
" 1] The impugned order dated 14.10.2020 (annesure-
11) passed by the Director & Joint Secretary,
Department of Social Justice & Empowerment, Jaipur,
unjustly accepting resignation application of the
petitioner dated 04.09.2019 by ignoring withdrawal
application submitted on 14.11.2019, may kindly be
quashed and set aside, as if same was never so passed;
[2023:RJ-JD:42812] (2 of 3) [CW-6151/2021]
2] The respondents may kindly be directed to permit
the petitioner to join duty, by treating him continuing in
service, with all consequential benefits;
3] The costs of this writ petition may kindly be awarded
in favour of the petitioner.
4] Any other writ, order or direction which your
Lordship may deem just and proper in the facts and
circumstances of the case, may also kindly be issued in
favour of the petitioner."
2. Learned counsel for the petitioner submits that the petitioner
was appointed as Probation & Prison Welfare Officer. Learned
counsel further submits that the petitioner submitted an
application on 04.09.2019 for accepting the resignation, but
before accepting the same, he withdraw the application on
14.11.2019. He further submits that the respondents has wrongly
accepted the resignation application of the petitioner on
14.10.2020 after a prolonged period of one year.
3. Learned counsel for the respondent fairly submits that the
petitioner had withdrawn the application before the resignation
was accepted by the respondents.
4. Learned counsel for the parties has referred to the judgment
rendered by Hon'ble Supreme Court in Srikantha S.V. Vs.
Bharath Earth Movers Ltd. (Civil Appeal No.1404/2003)
decided on 07.10.2005.
5. In light of the submission made by the learned counsel for
the respondent and the factual-matrix as well as precedent was
cited, this Court is of the firm opinion that if any resignation
application of Government servant is withdrawn before it becomes
effective, then the resignation cannot be sustained in the eye of
law. Admittedly, the petitioner's application for resignation dated
[2023:RJ-JD:42812] (3 of 3) [CW-6151/2021]
04.09.2019 was withdrawn by him on 14.11.2019, which was
much before its acceptance by respondents on 14.10.2020.
6. In view of above, the present writ petition is allowed, the
impugned order dated 14.10.2020 passed by the respondents is
quashed and set aside. Accordingly, the respondents are directed
to treat the petitioner in service with all the consequential benefit.
The petitioner shall be given notional benefit for the time period
which he has not actually served.
7. All pending applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI),J
71-Sudheer/-
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