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Neutral Citation No. - 2025:AHC:133902 Court No. - 5 Case :- WRIT - A No. - 14469 of 2024 Petitioner :- Ajay Singh Chauhan Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Alok Mishra,Anuj Tripathi Counsel for Respondent :- A.S.G.I.,Vaibhav Tripathi Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Mr. Alok Mishra, learned counsel for the petitioner and Mr. Vaibhav Tripathi, learned counsel for the respondents.
2. It is not under dispute that the petitioner was appointed as Junior Technical Assistant on 15.10.2019 and has tendered resignation on 19.09.2023 due to some personal reasons. The contents of resignation letter are as follows:-
" I (Ajay Singh Chauhan) posted as Junior Technical Assistant at Central Warehouse Banda is resigning from my duty on 19.09.2023 from immediate effect due to some personal reasons. Hence, it is requested to consider my resignation."
3. It is also not under dispute that subsequently on 18.11.2023 i.e. within two months, petitioner has submitted a written letter and prays for withdrawal of the application of resignation. In the same letter some averments was also made about the working culture of the department. The said letter was acknowledged by the respondents and was considered in terms of Regulation 19(3) of Regulation, 1986 competent authority still by an office Memorandum dated 12.1.2024, his resignation was accepted.
4. It is also not under dispute that petitioner has an opportunity to file an appeal against the said order, however he has not availed the same and approached this Court, principally on a ground that once an application to withdraw the application of resignation was submitted, the same ought to have been accepted or if not accepted, the reasons must be communicated to the petitioner. However, no reasons are assigned in the impugned order.
5. The counsel for respondents could not deny above
submissions.
6. I have considered the above submissions and also take note the judgment passed by the Supreme Court in the case of S.D. Manohara Vs. Konkan Railway Corporation Limited and others that acceptance of resignation would affect directly the future of the petitioner and once, he has submitted an application within a very short period of two months to withdraw the resignation, it ought to have been considered with sympathetic manner, however since no reason has been assigned for not accepting the said request in the impugned
order, therefore, a ground is made out for interference.
7. Accordingly, the impugned order dated 11.01.2024 is set aside. Matter is relegated to the competent authority to consider the application for withdrawal of resignation afresh. An opportunity of hearing may also be provided to the petitioner. Consequently, the order dated 12.01.2024, whereby the petitioner is relieved is also set aside. It is observed that the aforesaid decision shall be taken within a period of six weeks. Meanwhile, the petitioner will not be considered being in service.
8. The writ petition is disposed of.
Order Date :- 7.8.2025 Aiman Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad