ORDER

This appeal by special leave arises from the judgment of the Division Bench of the Punjab & Haryana High Court, made on 10.8.1984 in CWP No. 1154/84.

2. The admitted facts are that the respondent, while working as a Small Pox Supervisor in the Health Department, had tendered his resignation on April 23, 1982 to contest the election as a Member of the State Legislative Assembly. His resignation was accepted on May 18, 1982. He contested the election but was defeated. Thereafter, he filed an application on May 21, 1982 withdrawing his resignation. That was dismissed. Consequently, the respondent filed the aforesaid writ petition in the High Court. The High Court observed that since three similarly situated persons, viz., Gurbajan Singh, Daryao Singh and Smt. Sumitra Devi were allowed to withdraw their resignations were appointed in the respective posts held by them, the failure to extend similar benefit to the respondent would be violative of Article 14. Therefore, it directed the appellant to reinstate him into service with consequential benefits.

3. The question, therefore, is : whether the view taken by the High Court is correct in law ? It is seen that the respondent had volun