- (1.) The Petitioner has filed this writ petition for seeking the following reliefs: I. For issuance of a writ in the nature of certiorari to quash the office order No. 59 dated 27th March, 1993 issued under, the signature of the then Director, Fisheries, Government of Bihar, Patna by which the so-called resignation letter of the Petitioner has been accepted with effect from 19.12.1992 in utter violation of service laws. II. For issuance of a writ of mandamus commanding the Respondents directing them to grant permission for rejoining of the Petitioner to the post of Driver under the Office of the Assistant Director, Fisheries (Reservoir). Ranchi. III. For issuance of a writ of mandamus commanding the Respondents to pay all the arrears of salary which has not been paid to the Petitioner earlier and to grant consequential financial benefits in fixation of pay of the Petitioner treating the period from 19.12.1992 till date of joining as a period spent on duty. IV. For issuance of a writ of mandamus commanding the Respondents to pay all the money including salary etc. along with statutory interests to the Petitioner and other consequential benefits. V. To pass any other relief or reliefs, order or orders, direction or directions to which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case for the ends of justice.
(2.) At the outset, the learned Counsel for the Petitioner has stated that he is not pressing relief I and II. He is only seeking a relief of mandamus directing to the Respondents to pay all the arrears of salary or other benefits which was due before accepting his resignation with interest.
(3.) In substance the Petitioner was working as a Driver in the department of Respondent No. 2, vide representation dated 15.12.1989, 26.3.1991 and 16.4.1992 represented to the Respondents for his transfer again and again from Ranchi to Dhanbad. Ultimately when the representations for transfer is not accepted, he submitted a letter on 19.12.1992 of his resignation from the services to the Respondents clearly indicating that if he is not transferred from Ranchi to Dhanbad, he is tendering his resignation and if his request for transfer is accepted then resignation should not be accepted.;