ARUN BHANSALI,J. - (1.) This writ petition has been filed by the petitioner aggrieved against order dated 10.03.2017 (Annexure-5), whereby, the resignation of the petitioner from the post of Post Graduate Teacher (Computer Science) ('PGT CS') has been accepted and the petitioner has been relieved w.e.f. 14.03.2017. A further direction has been sought to consider the petitioner for permanent appointment on the post of PGT.
(2.) It is, inter alia, indicated in the writ petition that the petitioner has a degree of M.C.A. acquired by him in the year 2010; petitioner applied pursuant to the advertisement in the year 2012 and was selected as PGT in Computer Science on ad hoc/temporary basis and served from 02.07.2012 to 31.03.2013, 08.04.2013 to 24.12.2013, 06.01.2014 to 31.03.2014, 08.04.2014 to 24.12.2014 and 05.01.2015 to 31.03.2015. Experience certificates in this regard have been filed as Annexurexs-1 & 2.
(3.) Whereafter by order dated 31.03.2015 (Annexure-3) the petitioner was appointed as PGT CS on regular basis. It was, inter alia, indicated in the letter of appointment that initially the petitioner would be on probation for a period of one year, which may be extended further for another one year by the appointing authority. Whereafter by order dated 16.03.2016 the probation period of the petitioner was extended for another year w.e.f. 08.04.2016 till 07.04.2017. It is claimed in the writ petition that on account of certain incidence, whereby, the petitioner was humiliated and was forced to arrange a computer or to resign from the post, the petitioner resigned from the post of PGT CS on 24.01.2017 (part of Annexure-R/1) and indicated that last date of employment will be 31.03.2017. Whereafter the said letter of resignation was withdrawn on the next day i.e 25.01.2017 (part of Annexure-R/1). It is then indicated in the writ petition that several untoward incidences happened in the School, regarding which, the petitioner made complaints and an inquiry was instituted with respondent No. 2 - the Principal of the School as Member, which was objected to by the petitioner. However, on 14.03.2017 the petitioner received an email indicating acceptance of his resignation alongwith one month's advance salary and security deposit. It is also indicted that security deposit will be credited in his bank account. On receiving the letter accepting the resignation of the petitioner (Annexure-5), the petitioner got issued a notice dated 11.03.2017 from his counsel. It is, inter alia, indicated by learned counsel for the petitioner that the action of the respondents in accepting resignation of the petitioner, which resignation was withdrawn on the next date of tendering, is absolutely illegal and against settled legal position and, therefore, the order impugned (Annexure-5) deserves to be quashed and set aside. It was submitted that when admittedly the petitioner had resigned from his post by letter dated 24.01.2017 w.e.f. 01.04.2017 and immediately on the next day i.e. 25.01.2017 the resignation letter was withdrawn, which was admittedly received by the respondents on the same day, there was no occasion for the respondents to accept the resignation on 10.03.2017 and relieve the petitioner w.e.f. 14.03.2017. Submissions were also made that the practice of the respondents in granting ad hoc appointments with 8 to 10 days' gap in between and granting regular appointment after serving for almost 3 years, is ex facie illegal and contrary to several judgments delivered in the case of respondent institution itself and, therefore, the action of the respondents in this regard also deserves to be quashed and set aside and services of the petitioner deserve to be regularized from 02.07.2012 itself with all consequential benefits. ;