R.H.Zaidi, J. - (1.) Heard learned counsel for the petitioner, learned standing counsel and also perused the record.
(2.) By means of this petition, filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of mandamus commanding the respondents to accept resignation submitted by the petitioner and to accept money of security bonds, kits etc.
(3.) Facts giving rise to the present petition, are that the petitioner was selected for appointment as Assistant Radio Operator in the month of January, 1988. Thereafter, he was appointed on the said post in temporary capacity on 26/29.7.88. At the time of hts appointment, the petitioner executed two bonds copies of which are contained as Annexure-4 to the writ petition and Annexure-A3 to the counter-affidavit. The relevant paragraphs of the said bonds are quoted below : "Now the condition of the above written obligation is that in the event of the above bounden failing to faithfully undergo the complete course of the said training or completion of the said training to serve, if so required the State Government adequate by the State Government the above bounden and/or the sureties shall forthwith refund to the State Government, the said sum of Rs. 1.000 (in words Rupees One Thousand only). And upon his or the sureties making the aforesaid payment on demand, the above written obligation will be void and of no effect, otherwise, it shall be and remain in full force and effect." ..(VERNACULAR MATTER OMMITED)..;