Jagdish Bhalla, J. - (1.) U.P. State Food and Essential Commodities Corporation Limited has preferred this writ petition against the judgment and order dated 20.2.2001 passed by the State Public Service Tribunal, in Claim Petition No. 1756 of 1999 Krishna Gopal Versus State of U.P. and others; whereby the Tribunal directed the petitioner to give immediate posting to the petitioner as per orders of the Tribunal passed in claim petition no.266/95. The petitioner was also directed to pay back wages to the first respondent. The petitioner has also challenged the order dated 7.9.1998 passed by the Tribunal in Claim Petition No. 266 of 1995 preferred by opposite party no.1.
(2.) In short, the facts of the case are that Krishna Gopal- opposite party no.1 was working as Salesman on adhoc basis in the Corporation. During service, the petitioner was placed under suspension by the order dated 26.6.1992 for his unauthorized absence from duty and negligence. During the course of inquiry, the first respondent submitted resignation vide letter dated 2.9.1992 on the ground that he is not medically fit to continue with the job. On the other hand, the Inquiry officer concluded the inquiry and submitted its report, on the basis of which, the disciplinary authority passed order for reinstatement of first respondent with sum minor punishment. It is said that the first respondent, inspite of the letter dated 23.9.1992, did not join his duty and as such, vide letter dated 13.10.1992, the resignation of the first respondent was accepted by the petitioner.
(3.) It appears that by the letter dated 13.10.1992, the first respondent requested for withdrawal of resignation letter dated 2.9.1992. The petitioner rejected this request of the first respondent on 24.11.1992 on the ground that his resignation has already been accepted and an order has been issued in this regard on 28.10.1992.;