IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10815 of 2010 RAJENDRA PRASAD, SON OF LATE LAXMI PRASAD, RESIDENT OF MOHALLA SEIKHPURA, PATEL PATH, P.S. SHASTRI NAGAR, DISTRICT PATNA. Versus 1. THE BIHAR STATE SUGAR CORPORATION LIMITED THROUGH ITS MANAGING DIRECTOR, UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-1. 2. THE MANAGING DIRECTOR, BIHAR STATE SUGAR CORPORATION LIMITED THROUGH ITS MANAGING DIRECTOR, UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-1. 3. THE CANE OFFICER(HEAD QUARTER), BIHAR STATE SUGAR CORPORATION LIMITED THROUGH ITS MANAGING DIRECTOR, UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-1. 4. THE INDIRA GANDHI INSTITUTE OF MEDICAL SCIENCES THROUGH ITS DIRECTOR, SEIKHPURA, PATNA-800014. 5. THE DIRECTOR, INDIRA GANDHI INSTITUTE OF MEDICAL SCIENCES, SEIKHPURA, PATNA-800014. ----------- 02. 14.07.2010 Heard learned counsel for the petitioner, Bihar State Sugar Corporation Ltd.(hereinafter referred to as the Corporation) and the counsel for the Indira Gandhi Institute of Medical Sciences(hereinafter referred to as the “IGIMS”). 2. Petitioner is Assistant Manager, personnel in the Corporation but was not being paid salary for over ten years, in the circumstances, he got himself appointed on contract basis in the IGIMS. The authorities of the IGIMS under office order dated 14.6.2010, Annexure-12 have asked the petitioner to obtain relieving letter from the Corporation either by submitting resignation or by obtaining voluntary retirement by 16.7.2010, failing which petitioner will not be allowed to continue in the employment of the IGIMS. In response to the direction of the IGIMS, petitioner submitted his request before the 2 Corporation for voluntary retirement in terms of Rule-74 of the Bihar Service Code, but the same was not considered by the authorities of the Corporation as according to the authorities of the Corporation Bihar Service Code is not applicable to the employees of the Corporation and there is no other provision, which permit the employees of the Corporation to seek voluntary retirement. After the aforesaid view was known to the petitioner, he applied for resigning his job in the Corporation vide representation dated 15.4.2010, Annexure-10. It is submitted that the request to accept the resignation is also not being considered by the Corporation. 3. Having heard counsel for the parties, I direct the authorities of the Corporation to consider the resignation of the petitioner from the service of the Corporation within two weeks and if there is nothing adverse against him, his resignation be accepted. Until final decision is taken by the authorities of the Corporation over the request of the petitioner for resigning his job in the Corporation, the authorities of the IGIMS may defer the decision to relieve him from the IGIMS. 4. With the direction aforesaid the writ application is disposed of. Rajesh/ ( V. N. Sinha, J.) 3