Heard learned counsel for the petitioner and learned State Counsel for the Respondent No.1 and Sri Anuj Kudesia, learned counsel for Respondent Nos.2,3 and 4.
The present writ petition has been preferred for quashing of the impugned order dated 9.10.2018 passed by Respondent No.2 (Member / Secretary, Smarkon, Sangrahalayon, Sansthaon, Parko Va Upvana Aadi Ki Prabandhan, Suraksha Evam Anurakshan Samiti, Chief Administrative Office - Ramabai Ambedkar Maidan, Sharda Nagar, Lucknow) accepting the resignation submitted by the petitioner dated 2.4.2018 with effect from 8.3.2018 accepted by the Respondent No.4 with effect from 3.10.2018 i.e. the last date of working of the petitioner in the office.
Learned counsel for the petitioner has submitted that prior to the acceptance of the resignation of the petitioner on 9.10.2018, the petitioner had made an application on 3.10.2018 for withdrawal of the resignation through proper channel. The Respondent No.2 without considering the application of withdrawal for resignation submitted by the petitioner passed the impugned order dated 9.10.2018. Action on the part of the Respondent No.2 is against the Rule 6 and 7 of the The U.P. Government Servants Resignation Rules, 2000 (hereinafter referred as 'Rules 2000), which is applicable on the employees of the society. Learned counsel for the petitioner has also placed reliance upon the judgement of this Court dated 31.08.2017 passed in Writ-A No.- 47852 of 2000 (Tanweer Alam vs. U.P. Cooperative Spinning Mills Fed. Ltd & Others) (Supra).
On the other hand, learned counsel for Respondent Nos.2 to 4 has submitted that the said letter dated 3.10.2018 preferred by the petitioner for withdrawal of the resignation was forwarded by the concerned section before the Respondent No.2 after passing of the order dated 9.10.2018.
After hearing learned counsel for the parties, it is found that the petitioner had withdrawn his resignation on 3.10.2018 prior to the passing of the impugned order dated 9.10.2018, which is not in dispute in the counter affidavit filed on behalf of Respondent Nos.2 to 4. The Rule 7 of the Rules 2000 is very clear that the application for withdrawal of resignation is to be prior to the acceptance of the resignation. In the present case the resignation was accepted by the impugned order dated 9.10.2018 and the application was preferred by the petitioner on 3.10.2018.
Learned counsel for the respondents is not in a position to dispute the legal provision i.e. Rule 7 of the Rules 2000 and its applicability in the present case. The arguments raised by the learned counsel for the respondents that the knowledge of the application for withdrawal of the resignation submitted by the petitioner is only after the passing of the impugned order. At the same time in the counter affidavit it is not disputed that the petitioner had made an application for withdrawal of the resignation on 3.10.2018 and the office had taken time to place the same before the Competent Authority i.e. Respondent No.2. However, the fact is that the resignation was withdrawn before its acceptance. The petitioner would not be responsible for delay on the part of the office for placing it before Respondent No.2 late. The case of the petitioner is covered by the judgement of this Court dated 31.08.2017 passed in Writ-A No.- 47852 of 2000 (Tanweer Alam vs. U.P. Cooperative Spinning Mills Fed. Ltd & Others) (Supra).
Accordingly, the impugned order dated 9.10.2018 is, hereby, quashed. The writ petition is allowed. The Respondent No.2 is directed to consider the application of the petitioner for withdrawal of the resignation dated 3.10.2018 in accordance with the law and the Rules on the subject. The order on the application of the petitioner for withdrawal of resignation within a period of four weeks from the date of furnishing of copy of this order downloaded from the official website of Allahabad High Court.
Order Date :- 12.1.2021 S. Kumar