R.R. Yadav, J. - (1.) The petitioner has filed the present writ petition seeking relief to pay his salary upto date right from Sept. 1982, with interest at the rate of 18% per annum on the amount so determined which is payable to him but has not been paid. The aforesaid relief is sought by the petitioner on the ground, inter alia, that neither order of transfer has been served upon him, transferring him from Umedabad to Sathu by the District Education Officer nor he was relieved properly. It is also averred by the petitioner that to undo the statement which was so created, he made an application seeking his voluntary retirement under Rule 144(1) of the Rajasthan Service Rules, 1951 but no order accepting his voluntary retirement has been passed as yet.
(2.) After service of notices on respondents No. 1 to 6, they have filed a joint reply denying the averments made in the writ petition. It is also revealed from paragraph 6 of the reply that the petitioner was not transferred only from Umedabad to Sathu but by order dated 6-10-1983 he was transferred form Sathu to Bali. The said order was served upon the petitioner personally and on his refusal, it was sent to him. The service of the petitioner has been placed at the disposal of the District Education Officer, Pali by order dated 6-10-1983. Even then, the petitioner instead of either approaching the District Education Officer, Pali or the Government Secondary School, Bali, approached the District Education Officer, Jalore whereupon he was informed by letter dated 12-4-1985, Annx. 7 to the writ petition, that he has been transferred from district Jalore to district Pali, and therefore, he may approach the proper authority in this connection. The petitioner, however, continued to insist to join at the Government Secondary School at Umedabad where he was not allowed to do so.
(3.) It is also averred in paragraph 7 of the reply that the petitioner has sent his resignation letter dated 20th Sept. 1986 (Annx. 9 to the writ petition) which became effective after expiry of 3 months' period. According to the respondents, the resignation letter sent by the petitioner does not require formal acceptance.;