Allahabad High Court
Vinod Kumar vs State Of U.P.Thru.Secy. Basic ... on 2 February, 2021
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 8 Case :- SERVICE SINGLE No. - 2960 of 2021 Petitioner :- Vinod Kumar Respondent :- State Of U.P.Thru.Secy. Basic Education & Ors. Counsel for Petitioner :- Amrendra Nath Tripathi,Ajay Yadav,Alok Kumar,Durga Prasad Shukla Counsel for Respondent :- C.S.C.,Ghaus Beg Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Amrendra Nath Tripathi, learned counsel for the petitioner, learned Standing Counsel for opposite parties no. 1,2 and 3, Sri Ran Vijay Singh, learned counsel for opposite party no. 4 and Sri Ghaus Beg, learned counsel for opposite party no. 5.
Learned counsel for the petitioner has contended that he has submitted his resignation from the post of Assistant Teacher, Primary School Samjhavan Gaudhi, Development Block Balha, Bahraich to the Basic Education Officer, Bahraich on 13.10.2020 (Annexure no. 11). As per learned counsel for the petitioner there are rules regarding resignation in the name of U.P. Government Servants Resignation Rules, 2000 (hereinafter referred to as Rules, 2000). Rule 5(1) of the Rules, 2000 provides the condition under which the resignation of an employee may not be accepted and those conditions are if something is outstanding against the employee or he or she is under suspension or any inquiry is contemplated or pending against him or her or any investigation, inquiry or trial relating to the criminal trial is pending and such charge is connected with her / his official position as the government servant. As per learned counsel for the petitioner no such condition are against the petitioner, therefore, he has submitted that in view of the provision of Rule 5(2) the Appointing Authority shall take decision on the request of the resignation before expiry of the period of notice i.e. three months as indicated under Rule 4(1) of Rules, 2000.
Learned counsel for the opposite parties has however, submitted on the basis of instructions that no condition as indicated under Rule 5(1) are existing against the petitioner but since he has participated in another examination and his name is finding place in the select list of examination in question i.e. Assistant Teacher Recruitment Examination-2019, therefore, no decision has been taken on the resignation of the petitioner.
Be that as it may, since the petitioner has participated in the aforesaid selection process strictly in accordance with law and the petitioner was permitted to appear in the counseling for the said examination pursuant to the interim order being passed by this Court in Service Single No. 8635 of 2020 dated 11.6.2020 (Annexure no. 10), therefore, acceptance of the resignation may not be a hurdle for participating in the said selection by the petitioner. The resignation of an employee shall be considered and decided strictly as per the resignation Rules, 2000 and in the said rules there is no rider to the effect that if any employee has participated in any examination as per law his resignation would not be accepted.
Therefore, in view of the above the District Basic Education Officer concerned is directed to pass appropriate orders on the resignation of the petitioner in the light of the resignation Rules, 2000 with promptness preferably within a period of 15 days from the date of receipt of the copy of this order.
With the above observations, writ petition is disposed of.
Order Date :- 2.2.2021 Om [Rajesh Singh Chauhan, J.]