Satyendra Singh Chauhan, J. - (1.) THIS writ petition has been filed for quashing the order dated 9.4.2003 by means of which the resignation of the Petitioner has been accepted.
(2.) THE Petitioner was initially appointed as Lecturer in the year 1970 and continued to work on the said post. On 13.7.2002 while working as Lecturer, the Petitioner moved an application for voluntary retirement stating therein that on account of personal reasons, he would not be able to work after 30.6.2003. Committee of Management considered the resignation of the Petitioner and accepted the same and forwarded the same to the DIOS. The DIOS accepted the resignation on 9.4.3003. In the meantime, Government Order was issued on 4.2.2004. The Petitioner by virtue of that Government Order claimed that he should be made to retire at the age of 60 years as the age of retirement in the entire State has been enhanced by the aforesaid Government Order. The Petitioner was to continue upto the end of session by virtue of the Government Order extending the period of session. Submission of learned Counsel for the Petitioner is that effective date given in the resignation was 30.6.2003 and before that date the Petitioner was entitled to withdraw the same at any point of time. It is also submitted that mere acceptance of resignation will not change the effective date and effective date will remain 30.6.2003. Submission is that withdrawal of the resignation of the Petitioner by means of application dated 14.5.2003 was within his domain and the same could not have been rejected or ignored. The question of withdrawal was proper and justified in the eye of law and acceptance of the same will not curtail the right of the Petitioner in any manner. Learned Counsel for the Petitioner has relied upon the decisions rendered in the case of Shambhu Murari Sinha v. Project and Development India and Anr. : (2000) 2 UPLBEC 1752 and Ram Bahal Nishad v. Director, Fisheries Department, Lucknow and Ors. : 2003 (1) AWC 547.
(3.) LEARNED Counsel for the newly impleaded Respondent, on the other hand, has submitted that resignation of the Petitioner has been accepted on 9.4.2003, therefore, the application dated 14.5.2003 was not maintainable and even if the application was moved, then no right accrued in favour of the Petitioner to withdraw his resignation as the same had already been accepted.;