PRADEEP NANDRAJOG,J. - (1.) These are cross appeals against the judgment dated 02/12/2013 disposing of SBCWP No.5342/2003 filed by Dr.D.K. Taknet. Holding first part of the letter dated 06/08/2003 accepting Dr.Taknet's resignation to be illegal, the same has been quashed and relief of reinstatement without wages but notional benefits has been granted.
(2.) Grievance of Dr.D.K. Taknet is to actual salary being denied. Grievance of the University is to its letter dated 06/08/2003 being declared to be illegal and reinstatement ordered.
(3.) Dr.Taknet joined service as an Assistant Professor under the University of Rajasthan on 14/02/1987 and was confirmed on successful completion of probation on 13/05/1989. He was promoted as an Associate Professor on 17/11/2001 but before that he proceeded to seek a Scholarship offered by the University Grants Commission to undertake the research work. On 04/04/1989 the University permitted him to avail benefits at the Scholarship. He was granted 3 years period to proceed as a Scholar; and suffice it to state for this period Dr.Taknet received the Scholarship. However, his seniority, pay scale etc. were protected. He then proceeded to take benefit under the General Fellowship Scheme instituted by the Indian Council of Social Sciences and Research, Government of India and therefrom once again joined in another research project under UGC on Fellowship. He continued to remain away from the University from nearly 9 years. He got another Fellowship in the year 2003 and wanted to proceed as a Fellow. The University declined. He prepared a letter on 08/07/2003 and submitted the same in the University on 12/07/2003. It reads as under:- "Dear Sir, I would like to proceed for voluntary retirement so kindly accept my resignation waiving the conditions of three months notice. You are requested to relieve me immediately.";