( 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16. 11. 1978 addressed to the District Health Officer, District Panchayat Surat requested to treat his resignation as withdrawn. Second request has been made for the benefits of voluntary retirement scheme which has been brought into force w. e. f. 16. 2. 1979. Voluntary retirement scheme has been brought into force by the State Government under its resolution No. NVN-1078/396/p dated 3. 2. 1978.

( 3 ) HERE, first somersault was taken by the District Health Officer of District Panchayat Surat which is clearly reflected from his letter dated 2. 7. 1979 addressed to the petitioner. The said officer informed to the petitioner that as he has earlier asked for the resignation, his request for voluntary retirement cannot be accepted and the petitioner was asked to deposit the dues. The petitioner sent various representations and reminders from time to time till 1991 in this matter. In the interregnum he attained the age of superannuation on 5. 9. 1986. On 1. 3. 1992 the Government has directed the District Health Officer to send necessary papers of the petitioner re request of voluntary retirement to the Commissioner of Health Services. The District Health Officer of District Panchayat Surat vide its letter dated 30. 6. 1992 asked the petitioner to see him personally. Accordingly, the petitioner has appeared before him.

( 4 ) SECOND somersault has been taken very conveniently by the District Health Officer of District Panchayat Surat which reflects from his letter dated 3. 7. 1992. Under this letter he reported to the Commissioner of Health Services that in view of the fact that resignation is accepted on 2. 7. 1979 he seeks advise from the Government. The petitioner was directed vide letter dated 22. 12. 1992 of the District Health Officer of District Panchayat Surat to see him within two days. The Government has replied on 6. 10. 1994 that the petitioner is Class-III employee, the District Panchayat Surat is the competent authority to take decision on his application for voluntary retirement.

( 5 ) THE petitioner at this junction filed Special Civil Application No. 8600/95 before this court and prayed for the directions to the respondents for expeditiously sanction of his retirement benefits. In the affidavit to that petition filed by the District Panchayat Surat defence has been taken that the petitioner has not filed any application for voluntary retirement to the District Development Officer. No decision taken on the application and the retirement benefits are not given.

( 6 ) FROM the judgment of this court given in Special Civil Application which was decided on 6. 2. 1996 I find that the respondent No. 4 in affidavit in reply stated that there was no specific application for voluntary retirement made by the petitioner to the competent authority. It is further stated that even though resignation was not accepted and voluntary retirement was not sanctioned the petitioner has no