Satish Kumar Mittal, J. - (1.) This Letters Patent Appeal has been filed against the order dated 19.3.2012 passed by the learned Single Judge whereby the writ petition (CWP No.5011 of 2011) filed by the appellant challenging the order passed by the High Court has been dismissed being not maintainable.
(2.) The appellant is working as a Clerk in District Courts, Amritsar. He sought permission to join three years' LL.B. Course from Guru Nanak Dev University The permission was declined by the District and Sessions Judge, Amritsar vide order dated 30.6.2010, wherein it was stated that similar applications of the appellant had already been dismissed twice and if permission is granted to the appellant to join LL.B. course, it will hamper the official work. Against the said order, the appellant filed statutory appeal before the Administrative Judge. Undisputedly, after filing of the appeal, the appellant tendered his resignation on 31.7.2010 and deposited one month's salary with the prayer to accept his resignation with immediate effect. His resignation was accepted on 2.8.2010. In view of the said fact, the appeal was dismissed by the learned Administrative Judge on 8.9.2010. In the meantime, the appellant filed an application for review on 25.9.2010. The said application was heard by the learned Administrative Judge. Vide order dated 28.9.2010 the prayer of the appellant to withdraw his resignation was accepted and order passed by the District Judge on 2.8.2010 accepting his resignation was set aside.
(3.) It is pertinent to mention here that the appellant after tendering his resignation joined the three years' LL.B. Degree Course, however, in the application moved for reviewing the order dated 8.9.2010 before the learned Administrative Judge and also at the time when the application was moved to withdraw his resignation, he did not mention and concealed the fact of getting admission in the said LL.B. Course. Without obtaining any prior permission, the appellant continued to attend the classes. Thereafter he approached this Court by filing CWP No.5166 of 2011 which was disposed of by the learned Single Judge of this Court on 22.3.2011 and the learned Administrative Judge was requested to consider the representation of the appellant sympathetically and if it did not impede the administrative work, to grant leave of the kind due to the appellant. In the meantime, the learned District Judge was directed to sanction leave of the kind due to the appellant.;