- (1.) The present regular second appeal has been filed by the plaintiff aggrieved against the judgment and decree of the learned Additional District Judge, Kurukshetra vide which the suit filed by the plaintiff was dismissed after reversing the judgment and decree of the trial Court whereby the suit had been partly decreed.
(2.) The substantial question of law that arises for determination in this regular second appeal is as to whether the suit filed by the plaintiff in April, 1998 to challenge order dated 21.3.1980 whereby a resignation submitted by the plaintiff was accepted is barred by the law of limitation and has rightly been dismissed by the lower Appellate Court ?
(3.) The facts of the case as pleaded by the plaintiff are that the plaintiff joined as JBT Teacher in the service of the State of Haryana on 1.10.1963. After joining, he improved his qualification by passing Prabhakar, B.A. and thereafter M.A. and LL.B.. On acquiring these higher qualifications he made several representations for adjustment in the Government service as per qualifications acquired by him. However, no action was taken on those representations. He also applied for the post of Tehsildar in February, 1975 and Block Development and Panchayat Officer in February, 1976. However, his application was not forwarded by defendant No. 5. The plaintiff states that despite being very hard working he was treated unfairly and not allowed the benefits of his higher education. Resultantly, he got fed up and submitted a resignation on 30.7.1975. However, he withdrew the same on 26.8.1975. He again submitted a second resignation on 1.3.1976 which was, however, again withdrawn by him on the very same day. On 5.8.1976 he submitted a representation to the department that he was going on long leave from 6.8.1976 upto 1.12.1997. Accordingly he stopped attending duties from 6.8.1976. On 2.12.1997 the plaintiff went back to the department to resume his duties but he was not allowed to do so. He submitted a reminder and then served a legal notice dated 12.1.1998 through counsel for the same purpose. In response to the legal notice served, defendant No. 4 sent a reply vide memo dated 18.2.1998 in which it was mentioned that the resignation submitted by the plaintiff had been accepted by defendant No. 3 vide order dated 21.3.1980. It is thereafter that the plaintiff filed the present suit in April, 1998 for declaration to the effect that the order dated 21.3.1980 accepting the resignation of the plaintiff was illegal, null and void and that the plaintiff was entitled to join service from the date he submitted his joining report with all consequential benefits.;