- (1.) THE Writ Petitioner was a part time lecturer in South Calcutta Law College admittedly. By a letter dated 24th March, 1999 he tendered in resignation from his services mentioning a date being 1st July, 1999 for giving effect. The letter was received by the College Authority. However no reply thereof was given by the College Authority on receipt of the same. On 5th July, 1999 the Petitioner changed his mind and by a letter bearing the same date in unequivocal terms he withdrew the letter of resignation and asked the Principal to treat the same to have been cancelled. On receipt of the above letter of withdrawal the Principal by a letter dated 10th July, 1999 replied in the manner as follows: - ''I am a acknowledging the receipt of your letter of 5th July, 1999. Your resignation has taken effect from the date suggested by you in your resignation letter of 24th March, 1999 i.e. from 1st July, 1999."
(2.) THE Petitioner thereafter sent demand of justice for allowing him to take classes and also requested to take him back to services contending that before acceptance of resignation he has withdrawn it so be is entitled to get back his part time lectureship.
(3.) ON the aforesaid fact the present Writ Petition has been filed for reinstatement and for declaration that he has not resigned. The Learned Lawyer for the Petitioner contends that the law permits the Petitioner to withdraw the resignation which it before was at first it is accepted and admittedly there was no acceptance in expressed/terms before withdrawal. Even after withdrawal the College Authority has not conveyed its decision as to acceptance of resignation even by necessary implication. In support of his submission he has relied on a decision reported in AIR 1990 1808 : (1990 Lab IC 1511) in M/s. J.K. Cotton Spg.& Wvg. Mills Company Ltd. Kanpur v. State of U.P.;