S. J. Mukhopadhaya, J. - The petitioner, who resigned from the post of Reader, Patna University has prayed for direction on the respondents to pay him salary for the period May, 1990; other arrears prior to 1992; for the period from January, 1993 to June, 1994; gratuity and leave encashment.

2. One of the question to be determined in this case is whether resignation from service entails forfeiture of past service amounting to forfeiture of retirement benefits or not?

3. Admittedly the petitioner was in the services under the respondent-Patna University functioning as Reader, Department of Geology in the Science College, Patna. He resigned from service, which was accepted by the Patna University with effect from 1 st July, 1994.

4. According to the petitioner, after his resignation, the salary for the period from January, 1992 to December, 1992, which was due to him, was paid, but remaining salary for the period aforesaid have not yet been paid. The respondent-Patna University has also not released the gratuity and leave encashment amount till date, in his favour.

5. According to the counsel for the Patna University, the teachers are required to submit a monthly progress repor