Civil Writ Petition No.5181 of 1989 : 1 : IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: OCTOBER 26, 2009 Raje Ram .....Petitioner VERSUS The State of Haryana and another ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr.R.K.Malik, Senior Advocate with Mr.Vishal Malik, Advocate, for the petitioner. Mr. Harish Rathee, Sr.DAG, Haryana, for the State. **** RANJIT SINGH, J. The petitioner, who had resigned from the service on 18.12.1986, seeks his reinstatement on the ground that he had withdrawn this resignation before it was accepted and hence the action of the respondents in accepting the resignation be set-aside paving way for his reinstatement. Petitioner was serving as S.S.Master at Government Senior Secondary School, Jind. He claims that being compelled by adverse and unfortunate family circumstances, he tendered his Civil Writ Petition No.5181 of 1989 : 2 : resignation on 18.12.1986 with a request to the respondents to accept the same w.e.f.18.3.1987. While the resignation was pending before the authorities concerned, the petitioner made a representation on 26.5.1987 for withdrawing the resignation because of change in family circumstances. This representation/request was submitted to District Education Officer, Jind through Principal, Senior Secondary School, who also recommended acceptance of request for withdrawal of the resignation. The petitioner, however, was communicated a letter dated 29.6.1987 accepting his resignation w.e.f.18.3.1987. Copy of this letter has been attached as Annexure P-3. The petitioner submitted another representation to Commissioner and Secretary, Government of Haryana, which was not decided and ultimately the petitioner has filed this writ petition to impugn the said order. Respondents would oppose the prayer of the petitioner and would point out that the petitioner had submitted his resignation, giving notice for three months and it was accepted with effect from the date as desired by the petitioner, though the order was passed on 9.6.1987. It is also stated that the petitioner could have withdrawn this resignation before the expiry of period of three months i.e. 18.3.1987 but the petitioner had submitted representation for withdrawal much after expiry of this period on 26.5.1987. Accordingly, this prayer for withdrawal was rejected and the resignation was accepted. The petitioner is wanting to undo his act performed in the year 1987 after so many years, though he had filed this writ petition in the year 1989. No doubt, the resignation once submitted can be Civil Writ Petition No.5181 of 1989 : 3 : withdrawn before its acceptance but in this case the request for withdrawal was made much after the date from which the resignation of the petitioner was to be effective. The record would also show that the petitioner had not attended to his duties and had applied for extra ordinary leave since 3.12.1986. The respondents are justified in not accepting the prayer of the petitioner to withdraw the resignation and accepted the same with effect from the date the petitioner had resigned. It took time to complete the formality of acceptance of this resignation and which was ultimately accepted with effect from the date given by the petitioner i.e. 18.3.1987. The counsel for the petitioner has not been able to cite any precedent in support of his submission that the resignation could even be withdrawn after the due date of its acceptance as set by the petitioner himself. In the facts and circumstances of this case, it would be highly unreasonable and unfair to accept prayer made in the writ petition at this belated stage. The writ petition is accordingly dismissed. October 26, 2009 ( RANJIT SINGH ) ramesh JUDGE