PRAFULLAKUMAR PRABHAKAR DESHMUKH Vs. STATE OF MAHARASHTRA AND OTHERS
LAWS(BOM)-2017-10-208
HIGH COURT OF BOMBAY
Decided on October 06,2017

Prafullakumar Prabhakar Deshmukh Appellant
VERSUS
State of Maharashtra and Others Respondents

JUDGEMENT

R.M. Borde, J. - (1.) The petitioner is objecting to the communication, dated 16.06.2012 issued by the Chief Executive Officer, Zilla Parishad, Ahmednagar, accepting resignation tendered by the petitioner with effect from 08.09.2011 with retrospective effect.
(2.) The petitioner was functioning as a Multipurpose Health Worker at Ahmednagar. He appeared for the selection process of Malaria Technician and was issued a letter of appointment by the Zilla Parishad, Beed, appointing him as a Malaria Technician. In terms of letter of appointment, the petitioner was required to join in Health Department within 08 days from the date of issuance of letter of appointment. The letter of appointment came to be issued on 02.09.2011. The petitioner with a view to join the post of Malaria Technician, tendered his resignation to the Zilla Parishad, Ahmednagar, on 08.09.2011. Along with the letter of resignation, the petitioner also tendered one month's pay and requested for dispensing with the notice period. The petitioner also made a request to relieve him with effect from 09.09.2011. The petitioner without waiting formal communication or issuance of relieving order from Zilla Parishad, Ahmednagar, proceeded to join in Health Department as Malaria Technician and reported at Beed. The petitioner thereafter moved an application to the Chief Executive Officer, Zilla Parishad, Ahmednagar, requesting for acceptance of letter of resignation with effect from 08.09.2011. The request made by the petitioner was accepted and the letter of resignation tendered by the petitioner on 08.09.2011 was accepted from the date of its tender i.e. 08.09.2011 with retrospective effect.
(3.) The petitioner contends that, in fact, it was not necessary for him to tender letter of resignation and Zilla Parishad, Ahmednagar, simply should have relieved him with a view to facilitate him to join at Beed in Health Department as Malaria Technician. The petitioner apprehends that as a result of acceptance of letter of resignation, the past service rendered by him in Zilla Parishad, Ahmednagar, will not be considered for the purpose of computation of pension.;


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