JUDGMENT :

Achintya Malla Bujor Barua, J.

1. Heard Mr. U.K. Nair, learned senior counsel for the petitioner. Also heard Mr. B. Kaushik, learned counsel for the respondents no. 1, 2, 3 and 5 being the authorities under the Elementary Education Department, Government of Assam and Mr. A. Chaliha, learned counsel for the respondent no. 4 being the authorities under the Finance Department, Government of Assam.

2. Considering the nature of the order proposed to be passed, we are of the view that the respondent no. 6 need not be heard for the present. Accordingly, we also ignore the office note of 19.05.2020 which shows that neither the A/D Card nor any un-served notice has been received in respect of the respondent no. 6.

3. The petitioner was appointed as an Assistant Teacher in the Manipur MV School in the Hailakandi on 20.10.1993 and accordingly, he joined on 21.10.1993. By a subsequent order of 19.09.2002, the service of the petitioner was regularized against an existing non-plan vacancy in the school concerned. On 16.03.2016, the petitioner submitted a letter of resignation before the District Elementary Education Officer, Hailakandi stating that he intended to contest the Assam Assembly Election 2016, from L.AC., Hailakandi constituency. Accordingly, the resignation of the petitioner was accepted. He contested the election but the result of his contest did not go in his favour. In that situation, the petitioner submitted an application dated 04.07.2017 before the Director of Elementary Education, Assam requesting that the resignation earlier given by him be considered to have been withdrawn and also to allow him to continue his service as an Assistant Teacher.

4. In the aforesaid circumstance, the Joint Secretary to the Government of Assam in the Elementary Education Department by letter dated 21.09.2017 directed the Director of Elementary Education, Assam to withdraw his resignation as well as to allow him to join in his substantive post where he earlier served. In response thereof, the Director of Elementary Education, Assam issued the letter dated 06.10.2017 to the District Elementary Education Officer, Hailakandi requesting the authorities to furnish a detailed report regarding the period of absence of the petitioner from the date of acceptance of his resignation till the date of the said communication. In the process, the Director of Elementary Education, Assam issued the order dated 13.10.2017 with reference to the earlier letter of the Joint Secretary dated 21.09.2017 allowing the petitioner to join his service in the Manipur MV School against the substantive post which he earlier held, after allowing the withdrawal of the resignation with immediate effect and the period of absence from the date of acceptance of his resignation till the date when he rejoined his substantive post was ordered to be treated to be leave without pay by following the principle of No Work No Pay.

5. In the above manner, the petitioner again rejoined his substantive post in the school concerned.

6. Subsequently, the order impugned dated 31.03.2018 was passed by the Director of Elementary Education, Assam providing that under the law there is no provision for allowing the withdrawal of a resignation after it had been accepted and accordingly, the petitioner was relieved from his duties.

7. The order dated 31.03.2018 is assailed in this writ petition. The core ground taken in this writ petition is that prior to issuing the order impugned dated 31.03.2018, relieving the petitioner from his duty on the ground that there is no provision of law to withdraw the resignation, neither any notice nor any opportunity of hearing was given to the petitioner.

8. Mr. B. Kaushik, learned counsel for the Elementary Education Department on the other hand submits that the reasoning given in the order impugned that there is no provision of law to allow the withdrawal of resignation after such resignation has been accepted is a correct proposition of law and therefore, the o