PROKASH CHANDRA MALLICK, J. - (1.) This is an application under Sec. 19 of the Administrative Tribunals Act, 1985 praying for the quashing of the impugned orders dated 7 -3 -1984 (Annexure 'A') and 8 -11 -1985 (Annexure 'H') and also for a direction to the respondents to treat the resignation dated 29 -2 - 1984 of the applicant as cancelled and/or withdrawn and allow him to join his duties as Clerk Grade -I under respondent No. 3.
(2.) The applicant joined the office of Station Director, All India Radio, Calcutta as Clerk in 1973. He came out successful in the departmental examination held in the year 1977 for promotion to the post of Clerk Grade -I and was appointed as Clerk Grade -I in the office of the Regional Engineer(E), All India Radio, Calcutta on 19 -8 -1977. Thereafter, in 1978 he was transferred to Doordarshan Kendra, Calcutta in the same capacity of Clerk Grade -I. He tendered his resignation from service on 29 -2 -1984 to be effective from 1 -3 -1984 (Annexure 'A'). The resignation was accepted with from 1 -3 -1984(FN) vide impugned order dated 7 -3 -1984 (Annexure 'A') intimating that he will have no claim in future for any post either in Doordarshan or in All India Radio. Soon after, following entreaties of his old mother, who reminded him about his moral duties and responsibilities towards her and two unemployed brothers, he had second thoughts about the resignation and submitted a representation (Annexure 'C') to the Director 1, Doordarshan on 6 -4 -1984 seeking permission to withdraw his resignation and to resume his duties by treating the resignation as cancelled. He submitted a second representation on 26 -11 -1984 on the same subject (Annexure 'C') and was directed vide Annexure 'D' to appear before the Medical Officer, 24 -parganas at M.R. Bangur Hospital, Calcutta for a medical check up. The Chief Medical Officer referred him to the Head Department of Neurology, Bangur Institute of Neurology, Calcutta for examination by a Psychiatrist (Annexure 'E'). He was examined by P. Banerjee on 31 -5 -1985, who certified that 'client shows no mental abnormality at present' (Annexure 'E'). The Chief Medical Officer issued a certificate on 6 -6 -1985 (vide Annexure 'E') to the effect that the applicant was completely fit both physically and mentally'. This certificate was issued with reference to Annexure 'D'. However, the applicant did not receive any order from Doordarshan, Calcutta to resume duties. He went on submitting representations at various levels. Ultimately, he was informed on 25 -2 -1987 sprayer had already been rejected vide the impugned office memorandum dated 8 -11 -1985, a copy of which was forwarded to him. Thereafter, the applicant filed the present application on 5 -3 -1987 seeking the reliefs mentioned above.
(3.) We have heard Mr. S.K. Ghosh and Ms. Monika Bose for the applicant and Mrs. Uma Bhattacharyya, for the respondents.;