P.K. Mukherjee and Jagdish Bhalla, JJ. - (1.) THIS writ petition is directed against an order dated 31.7.1990, filed as Annexure -10 to the writ petition by which resignation of the petitioner has been accepted with retrospective effect, i.e., with effect from 1.7.1975. The petitioner, who was working in U.P. Institute of Agriculture Sciences, Kanpur, went on deputation to the newly created Chandra Shekhar Azad University of Agriculture and Technology Kanpur. Not only the petitioner, but other staff of the aforesaid Institute were also transferred to the aforesaid University. As such, for the purpose of absorption in the newly created University, the staff who were offered for their absorption in the newly created University were required to submit their resignation to the former employer, namely U.P. Institute of Agriculture Sciences, Kanpur the then a part of the U.P. Agriculture Department.
(2.) THE only question before this Court is that as to whether the resignation of the petitioner can be accepted by the authorities concerned with retrospective effect, i.e., with effect from 1.7.1975. In the instant case the resignation of the petitioner has been accepted by an order dated 31.7.1990 with retrospective effect, with effect from 1.7.1975 but the resignation of other Government employees were accepted from the date of their resignation, which is -evident from the perusal of Annexures -17 and 18 of the writ petition.
(3.) SRI S.N. Srivastava, learned counsel on behalf of the petitioner vehemently argued that no resignation can be accepted with retrospective effect. More so, since the similarly situated employees resignation have been rightly accepted from the date of its submission, the acceptance of the resignation of the petitioner with retrospective effect, i.e., with effect from 1.7.1975 is in complete violation of Articles 14 and 16 of the Constitution of India.;