JUDGMENT

S.C. Agrawal, J.-Special leave granted.

2. V.G. Desai, respondent No. 1, was appointed as Telephone Operator in the Telephone Department of the Government of India on August 30, 1948. He was promoted as Inspector with effect from November 12, 1959 in the said department. By order dated February 28, 1970, he was transferred from the office of Divisional Engineer Telegraphs Baroda to the office of Divisional Engineer Telegraphs Rajkot at Kandla. He did not join at the place of posting and remained on leave. Ultimately he submitted an application dated September 25, 1971 whereby he sought further extension of leave for 60 days and also sought retirement on medical grounds. By application dated October 19, 1971, he requested the Divisional Engineer, Telegraphs, to accept his reisgnation with immediate effect. Since a vigilane case was pending against him since September 25, 1971, the said request of resignation was not accepted. In the departmental proceedings which were taken againt him the punishment of censure was imposed on him on March 20, 1972. On August 1, 1990, he sent another letter requesting that his retirement case be settled and his GPF be released. Since no actio