JUDGMENT :

Ganesh Ram Meena, J.

The petitioner has filed instant writ petition with the prayer to quash and set aside the order dated 26.11.2014 passed by the Deputy Secretary, Department of Home (Gr.12), Government of Rajasthan, whereby the resignation submitted by him was accepted w.e.f. 02.12.2014. The petitioner has also prayed to quash and set aside the order dated 04.10.2019 passed by the Deputy Secretary, Department of Home (Gr.12), Government of Rajasthan, whereby his request for withdrawal of his resignation was not entertained. Further, the petitioner has also prayed to quash and set aside the decision No.1(d) of the Government upon Rule 22 of the RAJASTHAN SERVICE RULES , 1951 (for short 'the Rules of 1951').

2. Petitioner appeared in person submitted that on 11.06.2001 he was appointed on the post of Deputy Superintendent of Jail on probation of two years and after completion of his probation period he was confirmed on the said post vide order dated 29.01.2004. He submitted that he was transferred from one place to other in a short span. That apart from lot of work of District and Central Jails where he was posted, additional work of other jails was also given to him. On 22.08.2014 he submitted an application before the competent authority in which he prayed to accept his resignation from service w.e.f. 02.12.2014. He submitted that vide order dated 26.11.2014 the resignation submitted by him was accepted to be effective from 02.12.2014. He submitted his resignation under the compelling circumstances and under great pain and suffering in ligament knee injury and because of aforesaid it was not possible for him to continue in service. He submitted that he made applications for withdrawal of his resignation, which were illegally rejected by the respondents. He has also submitted that many posts on which he was working are lying vacant. In support of his submissions, he has placed reliance upon following judgments:-

(i) Dr. Prabha Atri v. The State of U.P. & Ors., S.L.P (C) Nos. 10035-10036 of 2002, decided on 11.12.2002;

(ii) Ramchand Nihalchand Advani v. Anandlal Bapalal Kothari & Anr., Special Civil Appln. No.168 of 1961, decided on 11.04.1961;

(iii) Dr. Rajendra Singh Tanwar v. State of Rajasthan & Ors., (SBCW P.No. 13303/2013), decided on 08.11.2013;

(iv) M/s. J.K. Cotton Spg. & Wvg. Mills Company Ltd. Kalpi Road, Kanpur v. State of U.P. & Ors., Civil Appeal No. 307 of 1987, decided on 27.07.1990; and

(v) Ms. X v. Registrar General, High Court of Madhya Pradesh & Anr., in Writ Petition (Civil) No.1137 of 2018, decided on February 10, 2022.

3. Per contra, counsel appearing for the respondents submitted that in view of the provisions contained in the government decision No.1(d) upon Rule 22 of the Rules of 1951, if a State employee relinquishes his service and resigns, any request made after its acceptance for withdrawal of the resignation, cannot be entertained and considered. Counsel further submitted that the vacancy of posts cannot be a basis of re-employment in the State services.

4. Considered the submissions advanced by the petitioner and the counsel appearing for the respondents.

5. The issue which arose on the basis of pleadings and arguments of the petitioner and the counsel appearing for the respondents for consideration of this Court is 'Whether an employee can be allowed to withdraw his resignation which has been accepted and come into operation on the date it w