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SCA/7714/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7714 of 2010
=========================================================
I
M MANSURI - Petitioner
Versus
STATE
OF GUJARAT - Respondent
=========================================================
Appearance
:
MR
VM PANCHOLI for
Petitioner
MR NIRAG PATHAK, ASSTT.GOVERNMENT PLEADER for
Respondent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
Date
: 19/07/2010
ORAL
ORDER
The
petitioner’s resignation was to be effective from 31.8.2006. It has,
till date, neither been accepted nor been rejected by the
respondent-authority. A communication dated 31.8.2006 addressed to
the petitioner indicates that the petitioner was instructed to
continue in service till the Government passes an order on the
resignation. The petitioner, however, discontinued to work from
1.9.2006 and then changed his mind as reflected in the communication
dated 21.5.2007 (Annexure-B) that he wants to withdraw his
resignation.
2. Ordinarily,
resignation would have become effective on 31.8.2006 but for the
communication dated 31.8.2006 addressed to the petitioner by the
Deputy Secretary, Revenue Department, Government of Gujarat,
requiring him to continue in service till the Government passes an
order on the resignation. The situation, thus created, is akin to
Rule 36(4) of the Gujarat Civil Service (General Conditions) Rules,
2006. The matter, therefore, requires consideration.
3. Hence,
notice returnable on 16.8.2010. Direct Service is permitted.
[A.L.Dave,J.]
(patel)
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