(1) THIS civil appeal is directed against the judgment dated May 1, 1996 rendered by the Division Bench of the High Court of Patna in Letters Patent Appeal No. 776 of 1995 affirming the judgment of the learned single Judge.

(2) THE relevant facts for the disposal of this appeal may be briefly summarised as under: The appellant joined as Orthotist and Prothotist at the Artificial Limb Centre, Patna run by the Red Cross Society. This Centre was taken over by the Government of Bihar. This Centre was thereafter transferred to the Health Department of the Government of Bihar. The appellant came to be confirmed on October 11, 1977 with effect from September 22, 1977. The appellant was asked by the Professor and Head of the Orthopaedics Department, Medical College Hospital to take lectures in Patna Medical College Hospital. It appears that the appellant on November 6, 1981 submitted his letter of resignation to be effective from November 30, 1981. Before the acceptance of the resignation letter by the Government the appellant on December 6, 1981 withdrew the same. The appellant thereafter came to be transferred to Patna Medical College Hospital in the Department of Physica