U.C.Sharma, J.

1. This is the defendants appeal against the judgment and decree dated the 15.03.1975, passed by the Additional Subordinate Judge, Patna, decreeing the plaintiffs suit for declaration that the letter of acceptance of resignation dated the 17.09.1966 issued by the defendant No. 2 was mala fide, premature, without jurisdiction illegal, void and not binding on the plaintiff and that he still continues in service.

2. The undisputed facts in this case are that the plaintiff was appointed as an Assistant in Class III service under defendant No. 5, the Life Insurance Corporation of India on the 17th of August, 1957. On the expiry of probationery period he was confirmed in the post. At the relevant time while the plaintiff was posted at Giridih under the Assistant Branch Manager (defendant No.l) the plaintiff filed an application before him on the 12th of September, 1966 praying for leave on medical grounds from the 10th of September, 1966 of the 30th of September 1966 and expressed therein his intention to resign from the service in case he would not be in a position to resume his duties after the 30th of September, 1966 on account of his illness or for some other f