N THE HIGH COURT OF JUDICAwRE- AT JABALPU§K w.p.No.Q©(o (p OF 4'99 £3.91? NER / ~~ Vg’X \Wé / / I.P.Gupta s/o.sr1 H.L.Gupta Posted as BEE §rinia£y Health Centre. Masturi, Dist. Bil aspur VERSUS I glONDENTs: 1. 2o V Hhawan . W 3. The Jami; mrector of Health Services,Bilaspur Div1sionp Enaspur $MP). “ ‘- \ j Tm: HIGH .é6éar OF wDICA'waE: AT JABALPURVGK‘ w.p.No.»5 0&7 (a OF f99 PET/IT” KER ) § ?é‘V$a\’ I.P.Gupta s/o.5ri H,L,Gupta Posted as BEE Primary Health Centre , Ma sturi , Di st. Bilaspur ¥ 7 I I vERsrgs Resyonaerii‘: NO 1: State of Chhaiiitisgazhxmmugh :Lak6Qg’k‘A \LL' \*¢'?"M Cr?“ r r Beaumn The 3a¢reta$m K $ Shavan; nemrtmem: mantralaya of v $$muas gg Resmnaent N02: The Directar, Health Services. .Raiggdw} Govt. af Chhattisgarm D K S Bhavan, /‘ Amen & vicle order dated 24-»9-‘01 4. Reapondent wg * Mi‘w, t s£ate Aciministxative Tribunal J (m?) gem}: at Raiwr. ‘ Raimro ‘ N .,?/ XI—HC—22 5-4-2004 Shri P.$. Koshy, counsel rar- fhe peti‘rioner. Shri Sanjny S. Agmwal, Heard. This petition is filed a9 ins? fhe order dafed 6-10-99 passed \\ bunal, Rnipur. \Inxihg Tribunal, fhe pefi'rioner had chailenged *he order- dafed 12-7-95 passeé‘B‘r-the Join? Direcfor, Heahh Serv Bilaspur. The said pe'riiion before anel Lawyer for 11w Smfe. by The State Administrafive me Tribune! was filed on ground ihoi 'rhe pe‘ri‘i'ioner was 16-3-67 in The Heal‘ih and Family Welfare Department of Gov . of M.P.. In May 1985 he was Educator. The petitioner was i , e working as Computer w.e.f. promoted as Block Extensio transferred from Sarguja to ,e Community Health Centre, Masturi in'District Bilaspur in July 1994. The wife of the petitioner who is in the Health and Family Welfare Department of 6ovt. of Madhya Pradesh was also transferred from Sarguja to Masturi in 1994. It is contended that transferred from Masturi to period of three months but thereafter he was kept permanently there, The petitioner made a rayer for his re-transfer. He made representation dated 10-7-9 to the Joint Director, Health W§W also working as Staff Nurse on 6-7-95 the petitioner was Primary Health Centre, Kota for a i \ \ XI—HC—22 WW§EQ¥W mmmm ’_ 2 %a1‘riana1%sr Services, Bilaspur for onnoelin' his +ransfer. In fhe al‘rerna‘rive, he also made a prayer thaf if his *ransfer is not cancelled, ‘rhe represen‘l'afion may be +r-e as resignation in pro+es+ agains? injustice. By Ie‘H'er dofed 18-7-9 the Principal Health Secre‘rary and Family Welfare Training Ce Bilaspur directed The peiitioner ‘ro deposit one monfh'salary in of notice period for acceptance of his resignation. The Tribunal onsidered the letter Annexure-A/4, letter of resignation, which accepted as per Annexure-P/2 and the application filed was reject d. Learned counsel appea ng for the petitioner relied on a decision reported in (2003) 1 Supreme Court Cases 701 in the mutter of Dr. Prabha Atri crsus State of ~U.P. andothors. Counsel relied on paragraphs 1 di 11 of the said judgment. While dealing with the matter the H 'ble Apex Court has held that: “To constitute a ignation", it must be unconditional and with intention to operate as such." There must be intention to relinquish a portion of the term of office accompanied by an act of relinquishment. I is to give back, to give up [‘il%W a n , |' o s XI-HC-22 mm mm mm Wmmvfw _3g mm‘itwm $a¥mm The petitioner- was year's of service. The pe‘l'i'r oner was required To deposi‘t one mom‘h saiary in iieu of 'rhe nofice. In the maf'rer- of Mati Ram v. Par-am Dev reported in (1993) 2 SCC 72§ The Hon'ble Apex Cour? has held fhaf ‘resignofion' me spon'mneous relinquishmem' of one's own righ‘l' and in relo on 1'0 an office, if conno‘res The ac? of giving up or- relinquishing 1he office.’ We have gone ‘rhrou h fhe con-rents of fhe le'H'er. In our construed To convey any spon‘raneous intention to give up or relin uish the office accompanied by any act of reiinquishment. To c nstitute a “resignation“, it must be unconditional and with an ' tention to relinquish a portion of the term of office. In the opinion, fhe lef'l'er ounnof case request was made by both husband and wife for tron er. Under the facts and circumstances tendering resignation by th petitioner may amount to a threatened offer, more so on account f exasperation, on account of a feeling of frustration born out o an idea that the employee was being harassed unnecessarily b resignation, actual and sim In this case, the ' etitioner has served for 29 years. Therefore, having conside the facts and circumstances of the case and material on record we are of the opinion that the orderuof not, at any rate, amounting to a \ \ [ate éfea s p t u p . XI—HC-22 ;/( »4,3: Wm f3€tm ‘kmi‘lmm acceptance dafed 12’“ July accordingly sef-aside. Conse uenfly, fhe order- dafed 6—10~99 passed by ‘the-Tribunal is al pe‘l'ifioner be reinsfa‘ted‘ ”Wi‘rh the direcfions aforesaid, ihe pe‘ri‘rion stands disposed of. Sdl- akhruddin I, F Judge I [ 1 1 se1'-aside. If is direcfed fha‘r 1he Sd/— L.C.BHADOO y- ‘ Judge 'f’x Certified cop'y as per Rules. 1995 should be se'r—aside. I? is M®éfaé >