Judgment

D.P. Wadhwa, J.-State of Madhya Pradesh has come in appeal against the judgment dated April 29, 1988 of the Division Bench of the Madhya Pradesh High Court dismissing its writ petition filed under Articles 226 and 227 of the Constitution. The writ petition had been filed challenging the order of the Civil Judge, Neemuch executing a declara­tory decree and that of the Additional District Judge, Mandsore up­holding in revision the order of the Civil Judge. This Court while granting special leave petition had stayed the operation of the impugned order of the High Court as well as that of the Executing Court.

2. The respondent was employed as a Clerk Grade I in the Irrigation Department of the appellant and was posted at Gandhi Sagar. He was transferred to Jabalpur. He handed over his charge at Gandhi Sagar. Respondent represented that due to acute illness of his father he might be transferred to Mandsore, a place near his home town to enable his to look after his father. His request was not acceded to. This led the respondent to submit his resignation. He was not informed if the resignation had been accepted. There was some correspondence in late sixties but there was no clear