Dharam Vir Sehgal, J. - (1.) The Petitioner was in the ser vice of the Punjab Government as Librarian in the Education Depart ment since 10th May, 1968. He resigned from service on 31st August, 1985, to contest election from Sherpur constituency (Reserved) District Sangrur, in the Punjab Assembly election held on 25th September, 1985. His resignation was accepted by Respondent No. 3 with effect from the same date vide order dated 2nd September, 1985. He was unsuccessful in the election. He sought permission from Respondent No. 3 to withdraw his resignation vide letter dated 7th October, 1985, Annexure P. 1, which was forwarded by the District Education Officer, Sangure, to Respondent No. 3, vide letter dated 8th October, 1985, Annexure P -2. He however, received no response and consequently sent a notice under Sec. 80, Code of Civil Procedure, Annexure P -3, to the Respondents, and also sent a subsequent representation dated 16th January , 1986, Annexure P -4, but no decision was conveyed to him. He, therefore, filed the present writ petition in this Court seeking, inter alia, writ of mandamus for a direction to the Respondents to permit him to withdraw his resignation and to allow him to join service.
(2.) The petition has been opposed by the Respondents and a written statement has been filed on their behalf.
(3.) I have heard the learned Counsel for the parties. Rule 7.5 of the Punjab Civil Services Rules, Volume -I, inter alia provides as under: (4) The appointing authority may permit a person to with draw his resignation in public interest on the following conditions, namely: (i) that the resignation was tendered by the Government employee for some compelling reasons which did not involve any rejection on his integrity, efficiency or conduct and the request for withdrawal of the resignation has been made as a result of a material change in the circumstances which originally compelled him to tender the resignation; (ii) that during the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made, the conduct of the person concerned was in no way improper; (iii) that the period of absence from duty between the date on which the resignation became effective and the date on which the person is allowed to resume duty as a result of permission to withdraw the resignation is not more than ninety days; (iv) that the aforementioned period of ninety days shall be observed in the manner that the employee concerned should put out in his application for withdrawal of resignation within two months of being relieved and the same should as far as possible be processed within a period of one month; and (v) that the post, which was vacated by the Government employee on the acceptance of his resignation or any other comparable post, is available. (5) Request for withdrawal of a resignation shall not be accepted by the appointing authority where a Government employee resigns his service or post with a view to taking up an appoint ment in or under a private commercial company or in or under a corporation or company wholly or substantially owned or control led by the Government or in or under a body controlled or financed by the Government. (6) When an order is passed by the appointing authority allowing a person to withdraw his resignation and to resume duty, the order shall be deemed to include the condonation of interruption in service but the period of interruption shall not count as qualifying service. The Petitioner has specifically averred in his petition that he was not actuated to resign because of any relection on his integrity, efficiency or conduct. He applied for withdrawal of the resignation within a period of less than two months of the date of his resignation becoming effective. During the period intervening the date of his resignation and the date when he applied for its withdrawal, his conduct was in no way improper, nor did he tender resignation to take an appointment in or under a private commercial company or in or under a corporation or company wholly or substantially owned or controlled by the Government of India or in a body controlled or financed by the Government. He thus asserts that he fulfilled all the conditions laid down in Sub -rule (4) of Rule 7.5 ibid. In spite of this, Respondent No 3 did not pass any order on his request for withdrawal of resignation. In the written statement the aforementioned averments of the Petitioner have not been denied. It has, however, been submitted that Respondent No. 3 passed a clear order on 2nd December, 1985, to the effect: Approval for permission to withdraw resignation is not accepted.;