Govind Mathur, J. - (1.) AFTER getting retired from the service of Indian Army, the petitioner, on acceptance of the offer made on behalf of the Nuclear Power Corporation of India Ltd. (hereinafter referred to as "the NPCIL"), was employed as Surgeon SO/SF at Rajasthan Atomic Power Station Hospital, Anu Shakti (hereinafter referred to as "the RAPS Hospital") in the month of January, 1990 with the pay scale of Rs. 4500 -5700. Being a senior most Surgeon the petitioner was also designated as Medical Superintendent, RAPS Hospital under an order dt. 20.09.1991. Worthwhile to be noted that there was no independent post of Medical Superintendent with NPCIL but the prevailing practice was to designate senior most Medical Officer as Medical Supervisor.
(2.) IT appears that due to certain administrative problems the petitioner was not interested to continue as Medical Superintendent, therefore, by a letter dt. 11.06.1992 he made a request to appoint someone else as Medical Superintendent and ultimately by an application dt. 12.09.1992 addressed to the Chief Superintendent, RAPS, tendered his resignation from the post of Medical Superintendent, RAPS Hospital. The letter of resignation dt. 12.9.1992 reads as follows: To Shri T.S.V. Ramanan, Chief Superintendent, RAPS Site. Sub: Resignation from the post of Medical Supdt. RAPS Hospital. Sir, You being my Superior Officer, hesitated to give even a certificate that my work and conduct is satisfactory then I think morally I have no right to remain as Medical Superintendent or any post which you do not like or for which you feel I am unfit. Hence I am submitting my resignation from the post of Medical Supdt. RAPS Hospital. Thanking you, Yours sincerelySd/ -[Dr.(Major)H.S.Rathore] Dated: 12.09.1992 RAPS Hospital The letter of resignation was forwarded to the head office of NPCIL at Bombay through FAX on 15.09.1992 and on the same day the Director (Personnel) NPCIL, Bombay conveyed to the Chief Superintendent, RAPS about the acceptance of the resignation by the "competent authority" and accordingly an instruction was also given to relieve the petitioner from his duties in NPCIL. In compliance of that the Manager (Personnel) RAPS, Plant Site relieved the petitioner from his duties in RAPS/NPCIL under an order dt. 16.09.1992. Pertinent to note here that on 16th, 17th and 18th September, 1992 the petitioner was on leave being attending a workshop at Bombay. On knowing about acceptance of his resignation and relieving from duties of NPCIL the petitioner on 19.9.1992 submitted a representation to the Managing Director, NPCIL, Bombay, that reads as under: Kindly refer my letter No. 406 dt. 12.09.1992 addressed to Shri T.S.V. Ramanan, Chief Supdt. RAPS (copy attached) in context to the above subject this letter I have written in continuation of my letters dt. 08.01.1992, 28.05.1992 and 11.06.1992, all addressed to Shri T.S.V. Ramanan, CS, RAPS. When I reached RAPS Hospital on 19.09.1992 in the after noon from Bombay, there is a rumor that I have been relieved from my duties from NPC. I think my letter referred above is totally misunderstood and misinterpreted. I have expressed my views to Chief Supdt. RAPS for working as Medical Superintendent, RAPS Hospital through all the above quoted letters including the letter in reference too. No where I have asked for resignation from NPCIL and neither the letter was addressed to the Appointing Authority i.e. M.D. NPCIL. It is more surprisingly that when I was on leave on 16, 17, 18.09.1992 at Bombay and asked for an appointment to Director (P) & ED (PF), NPCIL and was meeting almost all officers at NPC, Head Office every day including Director (P) and DGM (P&IR), no one by Director (P) & DGM (P&IR) to sort out my long pending problems regarding my pay and reimbursement of treatment charges in respect of my daughters. If, this rumor be the fact, I strongly protest such arbitrary, unjustifible decision taken in haste by the authority. The Chairman, AEC, Additional Secretary, DAE and M.D. NPCIL are requested to re -interpret the above said letter in a true spirit. Thanking you,
(3.) ON the same day the petitioner also withdrew the letter of resignation dt. 12.09.1992 despite that he was not allowed to resume duties, hence this petition for writ was preferred before Jaipur Bench of this Court on 28.09.1992. The cause of action being arisen at Rawatbhata in District Chittorgarh by an order dt. 21.05.1997 the petition for writ was transferred to Principal Seat of this Court at Jodhpur.;