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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Anil Paliwal, S/o Shri Chiranji Lal Paliwal – Appellant
Versus
State Of Rajasthan, Through The Secretary, Department Of Higher Education, Government Of Rajasthan – Respondent
Order :
(ARUN MONGA, J.)
1. Since above titled petitions involve common inter connected issues and facts, they are being decided through this common order.
2. The petitioner is before this Court having preferred three writ petitions viz. :-
2.1. S.B. Civil Writ Petition No.14767/2023 inter-alia seeking quashing of an order dated 07.09.2023 (Annexure-23) whereby, petitioner was pronounced as "deemed to have resigned from service" w.e.f. 05.05.2022.
2.2. S.B. Civil Writ Petition No.17086/2022 challenging an order dated 22.04.2022 whereby, petitioner was directed to report for joining for "work arrangement" and assigned duties other than teaching job, which he declined.
2.3. S.B. Civil Writ Petition No.13163/2022, inter alia, for a direction to the respondents to release the salary of the petitioner from the month of May, 2022.
3. The factual narrative is taken from S.B. Civil Writ Petition No.14767/2023, wherein challenge is to the order dated 07.09.2023 (Annexure-23) passed under Rule 86(4)(a) of the Rajasthan Service Rules, 1951 (for short, 'the RSR Rules') vide which, the petitioner's absence was treated as deemed resignation.
3.1. The petitioner was appointed as Lecturer in Government ai
Conditions for deemed resignation under Rule 86 of the Rajasthan Service Rules were not met as the petitioner abandoned duty without applying for leave.
Termination of service without due process is illegal; absence should be treated as resignation, not termination.
A resignation is invalid if not given with the stipulated notice under applicable rules, especially when submitted under acute mental distress.
The court held that resignations cannot be accepted while disciplinary proceedings are pending, affirming the principle that withdrawal of resignation restores continuity of service.
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