The main legal point established is that an employee's resignation may be deemed accepted if not replied to, and the management must release the employee's salary as per the applicable rules and regulations.

JUDGMENT :

S.G. Chapalgaonkar, J.

1. Rule. Rule made returnable forthwith. With consent of the parties, heard finally at admission stage.

2. The petitioner impugns the order of break in his service w.e.f 30.8.2017 to 9.9.2017 and seeks further directions against respondent no.4 to treat the said break in service as “spent in service”. The petitioner further seeks directions against respondent no.4 to accept his resignation dated 5.12.2017 and relieve him from the post of Principal of Bhagwan College of Pharmacy, Aurangabad w.e.f. 5.3.2018 and release salary by treating his service on probation w.e.f. 1.9.2016 to 31.8.2017 and further services till acceptance of his resignation. The petitioner has also prayed for declaration that the communication dated 16.3.2019 issued by the respondent no.4 is null and void in view of his notice for resignation.

3. The petitioner-party in person submits that he is qualified as M.Pharm, Ph.D and served as Principal of Kamala Nehru Poly-Technique (Pharmacy) College, Aurangabad and Principal of Y.B. Chavan College of Pharmacy. In view of vast experience and qualification, he was appointed by respondent no.4 as Principal at Shri Bhagwan College of Pharmacy, Aurangabad w.e.f 1.9.2016 on adhoc basis in the pay scale of Rs.37,400 to 67,000/- with basic of Rs.52,210 and academic grade pay of Rs.10,000/- with DA, HRA and other allowances. The petitioner joined his service on 1.9.2016. He discharged his duties with great sincerity and commitment. However, vide communication dated 29.8.2017 the Secretary of Respondent no.4 declared break in service of the petitioner for the period from 30.8.2017 to 9.9.2017. The petitioner made several representations and requests to withdraw the said communication, however, no reply was given. On 4.9.2017, the petitioner forwarded reminder. Thereafter, petitioner has continuously served as Principal till he tendered notice of resignation dated 5.12.2017 and made request to the Secretary of Respondent no.4 to relieve him from the post of Principal w.e.f. 5.3.2018. However, his correspondence was not replied. The petitioner discharged his duties till 5.3.2018.

4. The petitioner contends that although he has been paid salary from October, 2016 till August, 2017, it is not in accordance with pay scale prescribed or applicable as per Government Resolutions regarding fixation of salaries. He would further submit that since September, 2017 till 5.3.2018 no amount is paid towards his salary.

5. Respondent no.4 filed affidavit-in-reply contending that the petitioner was appointed as a Principal vide order dated 29.8.2016. During his tenure, a communication was issued from respondent no.2 on 3.6.2017 indicating that the petitioner has made communications to his office, which were not happily worded. Further, his conduct was not up to the mark for the post of Principal. Therefore, he was warned vide letter dated 29.8.2017 and given break in service for the period from 30.8.2017 to 9.9.2017. Although, petitioner made representation dated 4.9.2017 to the Management, after 9.9.2017 he did not turn up to the College and filed present petition. It is further contended that services of the petitioner have been terminated w.e.f. 29.8.2017 as per decision in the meeting of the Executive Committee dated 14.3.2019. It appears that one more affidavit-in-reply has been filed on behalf of respondent no.4 thereby raising objection to maintainability of this petition, in view of alternate efficacious remedy to redress his grievances.

6. We have heard the petitioner party-in-person, Mr. A.M. Karad, learned advocate appearing for the respondent no.4 as well as learned AGP appearing for respondent nos.1 and 2. Record of the proceedings in this case shows that vide order dated 12.3.2019 and 12.4.2019 alongwith the order dated 18.9.2019 the parties were permitted to approach the Joint Director of Technical Education, Aurangabad/respondent no.2 to examine grievance of the petitioner for payment of arrears o