Biplab Kumar Sharma, J.

1. Challenge in this writ petition is the Annexure-7 and An-nexure-8 communications dated 28/02/2011 and 21/06/2011 by which while rejecting the prayer of the petitioner to permit him to withdraw the resignation earlier tendered and accepted, it was communicated that it would be open for him to appear afresh in a recruitment rally for enrollment. It appears that the petitioner had entered into the services of the Assam Rifles as a Driver. His name was enlisted as trainee on 21/02/2010. While undergoing training in Assam Rifles Training Centre and School at Nagaland for a period of three months, he tendered resignation on 28/09/2010. The grounds on which he had tendered resignation was that his health was not permitting him to continue with the service. His resignation letter was supported by an affidavit stating therein that he was desirous to resign from service out of his free will without any pressure and undue influence and that he had taken the decision in sound mind and health. Upon such resignation tendered by the petitioner, he was released from the training upon acceptance of the same vide communication dated 11/10/2010 giving effect to the resignation from 15/10/2010. Thereafter the petitioner vide his Annexure-4 letter dated 15/11/2010 addressed to the Director General, Assam Rifles prayed for allowing him to withdraw the resignation earlier tendered. It was pursuant to the said representation, the petitioner was informed of the decision of the authority vide impugned Annexures-7 and 8 communications dated 28/01/2011 and 21/06/2011.

2. Referring to the provisions of Rule 26(4) of the CCS (Pension) Rules, 1972, it is the case of the petitioner that since here is provision for withdrawal of resignation even after acceptance and having regard to the facts and circumstances in which the petitioner had earlier resigned from his service, the authority ought to have considered the changed circumstances towards allowing the petitioner to withdraw the resignation which he had tendered earlier.

3. I have heard Mr. R.K. Deka, learned counsel for the petitioner and have also heard Mr. D.K. Saikia, learned CGC appearing for the respondents. While Mr. Deka, learned counsel for the petitioner referring to the aforesaid provisions of the Rules and also the stand of the respondents in the impugned communications and subsequent stand vide Annexure-A communication dated 25/05/2011 annexed to the affidavit-in-reply, submits that since the authority was under a misconception, the prayer of the petitioner is required to be considered afresh, Mr. D.K. Saikia, learned CGC on the other hand submits that the petitioner having voluntarily tendered his resignation and the authority having accepted the same, there is no question of allowing the petitioner to withdraw the resignation. As regard the provision of Rule 26(4) referred to above, he submits that the circumstances in which an exception can be made in respect of withdrawal of resignation being missing in this case, there is no question of allowing the petitioner to withdraw his resignation.

4. I have considered the submissions made by the learned counsel for the parties and the entire materials on record. Although the petitioner has not annexed the copy of the resignation letter to the writ petition but the respondents in their counter affidavit have annexed the same. On perusal of the said letter of resignation dated 28/09/2010 it appears that the petitioner had resigned from service with the statement that ".....I do not want to serve. My health is not permitting me. I will not serve. There is no pressure of anyone upon me. I do not want to leave service at my own will. I do hereby request you to kindly accept my prayer".

5. The resignation tendered by the petitioner with the aforesaid statement was accepted by the authority and the same was communicated vide letter dated 11/10/2010 making the resignation effective from 15/10/2010. As noted above, the resi