( 1 ) THE petitioner was appointed as Medical Officer Class-III in the year 1955 in the Government Dispensary Bayad district Sabarkantha and he continued to be on that post till he sent his resignation and thereafter he was relieved from the charge. However the petitioner had withdrawn his resignation letter before the same was accepted by the State Government. Therefore the controversy arose as to whether the petitioner continues in service and whether he has a right to withdraw his letter of resignation before the same was accepted by the competent authority.

( 2 ) IT is not disputed that the petitioner was promoted to the cadre of Medical Officer Class-II. According to para 6 of the affidavit- in-reply filed on behalf of the Director of Health and Medical Services Respondent No. 2 the resignation was required to be accepted by the Government and there was no question of accepting the same by the respondent No. 2. Unfortunately the Government has not filed any affidavit nor the Government has produced the letter of resignation of the petitioner till the matter was heard by this Court on 13/12/1983 Mr. A. H. Mehta learned Counsel for the petitioner cited one judgment