HARBHAJAN SINGH RANDHAWA Vs. PUNJAB STATE

JUDGEMENT

(1.) This appeal is filed by the plaintiff who was. unsuccessful in both the Courts below. The case of the plaintiff-appellant is that he was appointed as J.B.T. teacher in Government Primary School, Abdal, Tehsil Batala, District Gurdaspur and he joined as such on 5.7.1956. Since then he is performing his duties very honestly and to the entire satisfaction of his superiors. He was transferred from Government High School, Aliwal to Government High School, Ghanie-ke-Banger, Tehsil Batala. He further contends that while he was serving as a teacher in Government High School, Ghani-ke-Banger, in the year 1968 the then Head Master S. Paramjit Singh Bal become inimical to him and without any sufficient reason and without complying with any formalities prevented him from continuing in the school. Though, the plaintiff approached the respondents in this regard and made a request to them to "employ" in any school where the vacancy was available as he was a permanent employee. "Every time the defendants assured the plaintiff that they will take the matter into hands and the enquiry is pending a out it (sic). The suit was filed for a declaration to the effect that the appellant was a J.B.T. teacher employed with the respondents and he had never been dismissed from service and that he was entitled to all the service benefits, including arrears of pay, increments and all other emoluments for which he was entitled.

(2.) Written statement was filed by the respondents and it was contended that "the plaintiff has mentioned the transfer which relates to the period prior to submitting his resignation." It was also contended that after giving resignation to the Head Master, appellant was never transferred as he had submitted his resignation on 11.6.1968 and thereafter abandoned his duty without any reasonable grounds.

(3.) I have heard the learned counsel for the parties. The learned counsel for the appellant states that appellant had never tendered his resignation and even if the resignation is held to be tendered by him, the respondents had never accepted it and, therefore, he continued to be in service. The Courts below have taken cognizance of the fact that the appellant had, after tendering his resignation, contested the election of a Sarpanch and that he remained Sarpanch of the village of Kala Afgana for 10 years and also contested the election of M.L.A. in the year 1992. This fact has been admitted by the appellant himself. The entry in the dak register is at serial No. 171. Exhibit DW3/A was also considered by the Courts below. It is an entry regarding resignation by the appellant and the date mentioned in the dak register is 11.6.1968.