1 1WP.7544-11 ppd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7544 OF 2011 Atul Bapusaheb Nagargoje. ..PETITIONER. Versus State of Maharashtra and two others. ..RESPONDENTS ...... Mr. Kedar J. Patil, Advocate for the Petitioner. Ms. S.S. Bhende, A.G.P. For Respondent Nos.1 to 3. ...... CORAM: B. H. MARLAPALLE & P. D. KODE, JJ. OCTOBER 05, 2011. P.C.: 1. Heard Mr. Patil, learned Counsel for the Petitioner. 2. The Petitioner is aggrieved by the order dated 8.12.2010 passed by the Maharashtra Administrative Tribunal, Mumbai thereby dismissing his Original Application No.339 of 2010. 2 1WP.7544-11 3. The petitioner’s late father Shri Bapusaheb Nagargoje was in the employment of the State Government and under the Commissioner – State Excise Department and he died while in service. The petitioner, therefore, submitted an application for compassionate appointment and accordingly by an order dated 15.11.2006 he was appointed as a Clerk-cum-Typist and he joined on 16.11.2006 under Respondent No.2. He absented himself from 1.12.2006 without assigning any reason or without submitting any application, and by the letter dated 6.12.2006 addressed to Respondent No.3, he submitted his resignation. By a memorandum dated 22.12.2006 Respondent No.3, by referring to G.R. dated 4.1.1973 called upon the Petitioner to submit his explanation for being absent from office and also informed him that he was required to give one month’s notice or salary in lieu thereof if he wanted to resign from the service. This memorandum was replied to by the petitioner and he expressed his 3 1WP.7544-11 inability / unwillingness to comply with the requirements of the G.R. dated 4.1.1973. Finally, by order dated 15.2.2007, Respondent No.3 accepted the resignation and cancelled his appointment on compassionate ground. After more than two years i.e. on 23.9.2009 the petitioner submitted an application and sought to withdraw his resignation dated 6.12.2006. He followed-up the said request by his next letter dated 29.9.2009. Finally, he approached the Tribunal in Original Application No.339 of 2010. 4. We are satisfied, for more than one reasons, that there was no question of termination of service of the petitioner, leave alone illegal termination of service. First of all, immediately joining on 16.11.2006 he absented himself from 1.12.2006 and submitted his resignation on 6.12.2006. The resignation was accepted on 15.2.2007, and more than two and half years later, he submitted the application dated 23.9.2009 seeking to withdraw the resignation. Respondent Nos.2 & 3 were justified in not responding to the said 4 1WP.7544-11 request as his resignation was already accepted on 15.2.2007 and the appointment on compassionate ground was cancelled. This order was communicated to him. 5. The Tribunal has considered all the issues in the right perspective and the view taken by the Tribunal does not suffer from any infirmities. 6. Hence, the Petition must fail at the threshold and the same is hereby rejected summarily. (P. D. KODE, J.) (B. H. MARLAPALLE, J.)