IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH L.P.A. No.1086 of 2010 DATE OF DECISION: September 28, 2010 Mr. Raje Ram …..Appellant versus The State of Haryana and another .....Respondents CORAM:- HON’BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.Amit Khatkar, Advocate for the appellant Mr.Pardeep Singh Poonia, Additional Advocate General, Haryana .. RANJAN GOGOI , J. : (Oral) Heard. The appellant-writ petitioner, who was working as Teacher in the Government Senior Secondary School, Jind, submitted his resignation on 18.12.1986, effective from 18.3.1987. He went on extra-ordinary leave with effect from 3.12.1986. On 26.5.1987, he submitted an application for withdrawal of his resignation. Till that point of time, the resignation was not accepted which, however, was so accepted on 29.6.1987 with effect from 18.3.1987. The petitioner waited for about two years and thereafter instituted Civil Writ Petition No.5181 of 1989 before this court which was dismissed by the learned single Judge by order dated 26.10.2009. Aggrieved, this LPA has been filed. L.P.A. No.1086 of 2010 - 2 - Learned counsel for the appellant has urged and we agree that a resignation submitted can be withdrawn at any time before acceptance thereof. In the present case, on 26.5.1987 when the petitioner had sought to withdraw his resignation, the respondents had not accepted the same which was so done only on 29.6.1987. Though according to respondents the withdrawal of resignation could not have been made after expiry of period of notice of three months after which the resignation could be deemed to be accepted, we are unable to agree with the stand taken in view of the clear enunciation of law that a resignation can be withdrawn at any time before it is formally accepted. The next question that arises is the relief/ reliefs to which the appellant-writ petitioner is entitled to in terms of our conclusions above. It is stated at the bar that appellant-writ petitioner would have superannuated from service in the year 2002, had he remained in service. The petitioner, therefore, admittedly did not work from 3.12.1986 when he had gone on extra-ordinary leave till the date when he was due for superannuation i.e. till the year 2002. If the petitioner had not worked, though for no fault of his, it is our considered view that he cannot be held to be entitled to any service benefits during the aforesaid period. Service benefits can be afforded for services rendered. A person wrongly kept out of service, at best, may be entitled to compensation, which cannot be the subject matter of the present adjudication. 2 L.P.A. No.1086 of 2010 - 3 - For the said reasons, though we have held the legal issue arising in this appeal in favour of the appellant no relief, in our considered view, can be afforded to the appellant-writ petitioner. He may avail of such other remedies as may be available to him in law to claim compensation, if he is so inclined. LPA is, accordingly, disposed of. ( RANJAN GOGOI ) JUDGE September 28, 2010 ( RAJAN GUPTA ) pc JUDGE 3