JUDGMENT

Dr. Dhananjaya Y. Chandrachud, CJI. - The appellant was appointed as an Auxiliary Nurse Midwife by the District Panchayat, Valsad on 15 January 1980. She submitted her resignation from service on 18 April 1993, but on 23 November 1993, withdrew it. On 20 December 1993, she was called upon to resume service. She was however not permitted to join until 16 April 1994. On 23/26 December 1994, an order was passed accepting her resignation with effect from 31 March 1993. This gave rise to the institution of a petition[Special Civil Appeal No 10418 of 1995] under Article 226 of the Constitution by the appellant.

2. By a judgment dated 12 October 2000, a Single Judge of the High Court of Gujarat set aside the order dated 23/26 December 1994 and directed that the appellant would be entitled to all consequential benefits.

3. In a Letters Patent Appeal[Letters Patent Appeal No 97 of 2001] filed by the State of Gujarat, a Division Bench of the High Court found that the appellant had not been allowed to resume her duties for no fault of hers. However, the Division Bench directed that