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2018 Supreme(HP) 1964

TARLOK SINGH CHAUHAN
Suresh Kumar – Appellant
Versus
Sainik School Society – Respondent


Advocates Appeared:
Vijay Arora, Adv., for the Petitioner; Shashi Shirshoo, Central Government Counsel, for the Respondents

JUDGMENT

Mr. Tarlok Singh Chauhan, J. - The moot question to be adjudicated in this petition is whether the resignation tendered by the petitioner was a "forced resignation" as contended by the petitioner or was it a relinquishment of job at the instance of the petitioner out of his free will and own volition as contended by the respondents.

2. Evidently, the petitioner, who at the relevant time was working as a Sweeper, on contractual basis with the respondents, had vide communication dated 23.1.2014 (Annexure P-l), expressed his intention to resign from the service and the same was duly accepted by the respondents vide communication dated 30.1.2014. However, in case the offer (Annexure P-l) made by petitioner to resign is perused, it would be noticed that the petitioner had in fact given ten clear instances and examples where he had been ill-treated and discriminated and felt that atrocities had been committed upon him. It was only account of these circumstances that the petitioner had in fact offered to resign from the job. However, surprisingly, the respondents, who are the "State" within the meaning of Article 12 of the Constitution of India (Refer: All India Sainik Schools Emp

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