V.D.Bhargava, J. - (1.) This is a writ petition under Article 226 of the Constitution filed by Suraj Prasad Saxena who was employed as an assistant teacher in the Abbie Rich Higher Secondary School, Shahjahanpur. He was appointed on 8-7-1951. He worked there till 1957 when he was transferred to the Messmore Intermediate College, Pauri as a Lecturer. The petitioner requested the authorities not to transfer him, because his wife was suffering from rheumatic pains, and his transfer was cancelled in July 1957. In February 1958 the petitioner wanted two months' leave because his wife was not keeping well. That leave was not granted, upon which he submitted his resignation to the Principal on 28th February 1958. According to the petitioner, his resignation was not accepted. In the meantime the condition of his wife improved and, therefore, on 10-4-58 he sent another application to the Principal stating that he wished to withdraw his resignation as the condition of his wife had improved. On 22-4-58 the Manager of the School wrote a letter to the petitioner saying that he was likely to be transferred to some other college. The petitioner applied for one year's leave without pay with effect from July 8, 1958 to July 7, 1959. He was granted that leave. Thereafter it is said that though he had withdrawn his resignation, that resignation was accepted on 9th May 1958 and though he wanted to resume duty after the period of leave he was not allowed to resume and hence this writ petition.
(2.) Among the opposite parties are the Manager Abbie Rich Higher Secondary School, Shahjahanpur, the Principal and the Secretary of the School; and the Inspector of Schools, Shahjahanpur district has also been made a party though no order passed by him is being asked to be quashed. In the prayer a writ of mandamus has been asked for calling upon the opposite parties to treat the petitioner in service and further calling upon them to permit the petitioner to rejoin the institution. Further, a writ of certiorari is asked for against the opposite parties quashing the orders dated 16th July 1958, 9th May 1958 and 12th June 1959.
(3.) The order of 9th May 1958 is the order accepting the resignation of the petitioner, while that of the 16th July is a resolution of the Managing Committee approving the action taken by the Secretary and accepting the resignation of the petitioner. The order dated 12th June 1959 is the order refusing the petitioner's claim to join, on the ground that his resignation had already been accepted and, therefore, he was no longer in service of the school.;