IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8395 of 2005 SHANKAR KUMAR Versus THE UNION OF INDIA & ORS For the Petitioner : M/S D.K.Sinha(Sr. Adv.), Shanti Pratap, A.K.Verma, Advocates. For the B.S.N.L. : Mrs. Renuka Sharma-2, Advocate. ----------- 4. 11.7.2008. Heard learned counsel for the petitioner and the counsel for the Bharat Sanchar Nigam Ltd.(hereinafter referred to as “the B.S.N.L.). 2. Petitioner earlier served as J.T.O. with the BSNL. It is submitted on his behalf that he had submitted offer of resignation under letter which was addressed to the Chief General Manager, B.S.N.L. and was dated 24.6.2003. The offer of resignation was accepted by the authorities of the B.S.N.L. on 6.2.2006 with retrospective effect from 24.6.2003. Inspite of acceptance of his resignation, petitioner has not been paid arrears of salary for the period 1.10.2000 to 24.6.2003 as also was not paid General Provident Fund amount and the amount of leave encashment. He accordingly, made a representation for such payment but the same could not bear any fruits, whereafter, the present writ application has been filed. 3. Counsel for the B.S.N.L. with reference to the counter affidavit and supplementary counter affidavit has opposed the submissions made on behalf of the petitioner and submitted that the resignation letter of the petitioner dated 24.6.2003 was accepted by the authorities on 06.02.2006 but subsequent thereto the acceptance has been cancelled by the authorities as would appear from the order of - 2 - the General Manager, Administration dated 9.3.2006 contained in Annexure-E of the reply to the counter affidavit and as the offer of resignation of the petitioner has since been cancelled, he is very much on the rolls of the B.S.N.L. and as he continues on the rolls of the B.S.N.L., he cannot be paid his terminal dues including provident fund amount and the leave encashment.. 4. I see substance in the submission of the learned counsel for the B.S.N.L. and appreciating the same, I direct that the petitioner be paid the arrears of salary for the period between 1.10.2000 till 24.6.2003 as early as possible, in any case, within a period of three months from the date of receipt/ production of a copy of this order. While parting with this application, I permit the writ petitioner to challenge the order dated 9.3.2006, Annexure-E of the reply to the counter affidavit, whereunder his resignation which was accepted earlier has been cancelled. 5. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha,J.)