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Written statement has also been filed by respondent No. 3 admitting the date of appointment of the petitioner i.e 29.11.2007 and admitted that she was issued NOC for appearing in interview for the post of AE/Elect/UHBVNL & HPVNL, conducted by HPSC vide memo dated 10.12.2008 (P-3) on her request dated 31.07.2008 on certain terms and conditions. On her selection in Nigam, she submitted technical resignation from the post of Assistant Engineer (Electrical) w.e.f 17.08.2010 (A.N) and requested to waive off remaining bond period or transfer of bond liabilities to other Power Utilities i.e HVPNL to join her new assignment in the HVPNL. The petitioner was requested to execute a fresh bond agreement and the same was executed by her on 06.08.2010 stating that if petitioner fails to service HVPNL (Other Power Utility) also for remaining period of the original bond period i.e 23.12.2010 executed with Power Corporation then she will refund the entire pay and allowance etc and any other expenses incurred by the Corporation along with 9% interest per annum. Thereafter, the technical resignation of the petitioner was accepted w.e.f 17.08.2010 in terms of Rule 4.19 (B) of CSR Vol-II, to enable her to join new assignment. It was further certified that the petitioner had tendered technical resignation on administrative reason to satisfy the technical requirement to join the new assignment in terms of Note 3(2) of Rule 3.17 of CSR, Vol II, Part I. Further it has been stated that no request to count the past service rendered by the petitioner with the Power Corporation was received either from Nigam or from the petitioner till date Thus, she has no cause of action quo respondent No. 3.

Reference at this stage can be made to a judgment of this Court in a case of Sukhdev Singh and others, 2005(2) S.C.T 564 whereby it was held that once the selection and appointment of a Government Servant is made subject to resignation from his earlier post and the benefit of past service is protected for the purpose of length of service, the same cannot be denied alleging that acceptance of his resignation was not proper.

This Court further in a case of Dr. Vikas Choudhary vs. National Institute of Technology, Kurukshetra and others, 2012(2) SCT 137 was examining the case of the petitioner who was selected for the post of Lecturer but was denied senior scale and selection grade and his past service experience was not counted on the ground that he had not applied through proper channel. This Court held him fully entitled for counting his past service and to grant senior scale and selection grade, as at the time of interview, he had produced NOC and Last Pay Drawn Certificate. In para 6 and 7, it has been observed as under:-