( 1 ) HEARD learned counsel for the parties.

( 2 ) THE petitioner joined the service with the then Bombay State as Medical Officer on 20. 3. 1953. He tendered resignation to the respondent No. 2 Director of Health, Government of Gujarat, Ahmedabad. The District Health Officer, District Panchayat, Surat vide its letter dated 24. 6. 1977 informed the petitioner that without formality of the notice pay etc. is being complied with his resignation cannot be accepted and the petitioner cannot be relieved without prior sanction of the Director of the Medical Health Service. The petitioner vide its letter dated 8. 8. 1977 requested the District Health Officer, District Panchayat, Surat that the period from 1. 9. 1976 to 30. 9. 1976 be treated as notice period and appropriate order may be passed. The District Health Officer, District Panchayat Surat vide its letter dated 9. 10. 1978 informed the petitioner that on his resignation no action can be taken unless dues of Rs. 2000. 00 towards GP Fund is cleared. The petitioner by his application dated 16. 11. 1978 addressed to the District Health Officer, District Panchayat Surat requested to treat his resignation as withdrawn.