- (1.) Delay condoned.
(2.) Special leave granted.
(3.) The respondent was appointed as Medical Officer in P. M. S. on temporary basis some time in 1973. Under the terms of the letter dated 28/01/1973 it was agreed by and between the parties as under : "Your services can be terminated on one month's notice on either side. " In terms of the said term in the letter of appointment, the respondent served notice on 14/03/1983 terminating his contract and thereby his appointment to the post in question. It appears that thereafter since he did not hear from the department he served the department till August 1983 and thereafter ceased to do so. The appellant has paid him the salary up to August 1983 and there is no dispute in that behalf. It appears that more than four years thereafter he sent a letter dated 10/12/1987 staling that he desired to withdraw his letter of resignation dated 14/03/1983. He did not hear from the authorities on this letter till 13/06/1990 whereby he was informed that since he had resigned by the letter of 14/03/1983 the relationship of employer and employee had come to an end and nothing further could be done. It was only after the receipt of this letter of 13/06/1990 that he filed a writ petition in the High court for quashing the same and for a direction that he be taken back in service. The High court by the impugned order of 23/01/1992 quashed the communication dated 13/06/1990 and held that he shall be deemed to be in continued employment from 14/03/1983 and the question of payment of salary and other consequential benefits for the period from 14/03/1983 to the date on which he is reinstated in service will be determined by the department. It is against this order that the department has come in appeal.;