M.R. Agnihotri, J. - (1.) In this petition under Articles 226 and 227 of the Constitution of India petitioner Bawa Singh, who was formerly employed as Patwari in District Ludhiana, has prayed for the quashing of the order dated 16th Oct., 1985, passed by the Collector, Ludhiana, whereby his request dated 11th Sept., 1985, seeking permission to withdraw his resignation submitted earlier on 30th Aug., 1985, and accepted on 2nd Sept., 1985, was rejected.
(2.) The petitioner joined service as Patwari in the Revenue Department of the State of Punjab in 1956. On 30th Aug., 1985, lie submitted his resignation from service in order to contest the elections to the Punjab Vidhan Sabha scheduled to be held on 25th Sept., 1985. The resignation submitted on 30th Aug., 1985, was accepted by the Additional Deputy Commissioner (Collector), Ludhiana, on 2nd Sept., 1985, of course subject to the approval of the Director, Land Records. However, on reconsideration, the petitioner, on 11th Sept., 1985, approached the Collector requesting that his resignation should be treated as withdrawn. But by the order dated 16th Oct., 1985, as communicated to the petitioner on 25th Nov., 1985, the request was declined and the petitioner was not permitted to withdraw his resignation. This action of the Collector has been challenged by the petitioner by way of this writ petition on the ground that the petitioner had a right to withdraw his resignation within two months of his being retired especially when the post vacated by him on the acceptance of the resignation was still available. In support of this, the petitioner has placed reliance on the provisions of Rule 7.5 of the Punjab Civil Services Rules, Volume I, Part I relevant portion whereof reads as under:- "(4) The appointing authority may permit a person to withdraw 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 reflection 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 the 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 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."
(3.) In reply to the writ petition, written statement has been filed by the Collector, Ludhiana, in which the factual position, as disclosed in the writ petition, has not been contested. However, the refusal to grant permission to withdraw the resignation is sought to be justified on the ground that the case of the petitioner did not fall within the ambit of Rule 7.5 of the aforesaid Rules and it was for this reason that he was not allowed to withdraw his resignation in public interest.;