D.K.ARORA,J. - (1.) HEARD counsel for the parties.
(2.) THIS in special Appeal under Chapter VIII Rule 5 of the High Court Rule, 1952 again t the judgment and order dated 18.08.2007 pa ed in Writ Petition No. 4016 () of 2007, Ajay Gupta v. state of U.P. and other. The judgment and order of learned ingle Judge dated 18.08.2007 being a ailed primarily on the ground that the learned ingle Judge ha completely failed to con­sider that the appellant ha right to withdraw hi resignation before the acceptance and the contest of election of Nagar Palika Pari had by the appellant did not disentitle him for moving application for withdrawal of resig­nation, which was not accepted till the date of moving the application. The finding to the effect that the appellant stopped from chal­lenging hi resignations wholly illegal a the appellant ha never challenged hi resigna­tion and the learned ingle Judge did not con­sider that the appellant was entitled for al­ary a hi resignation was not accepted and the appellant ha joined his duties after with­drawing his resignation and was discharging his duties and function.
(3.) THE brief fact of the case are that the appellant was appointed on the post of Assistant Teacher vide order dated 07.07.1994 un­der the provision Dying-in-Harne Rule and in pursuance of hi appointment he joined his duties a Assistant Teacher in Primary school sehrua. Development Block Lakhimpur, district Lakhimpur Kheri.;