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2016 Supreme(Mad) 966

IN THE HIGH COURT OF JUDICATURE AT MADRAS
SATISH K. AGNIHOTRI, M. VENUGOPAL, JJ.
M. Mohammed Akbar Basha - Petitioner
Vs.
The Registrar General, High Court, Madras & Ors. - Respondents
W.P. No. 12670 of 2016 and WMP No. 11036 of 2016
Decided On : 05-04-2016

Advocates Appeared:
For the Petitioner: Mr. Nizamuddin for N.A. Nissar Ahmed

Headnote:Maxim - Resignation est juris propii spontanea refutation – One can relinquish his own rights.

Service Matter – Petitioner is stopped from changing his stand of resigning from his job due to family problems to the reason of depression and frustration. It cannot be allowed for the petitioner to change his stand after such a long time and his resignation cannot be debated. It is very clear from his resignation that he did so due to family problems. So petition dismissed.

ORDER :

M. Venugopal, J.

The Petitioner has focused the instant Writ Petition praying for passing of an order by this Court in calling for the records of the Second Respondent/Chief Judicial Magistrate, Coimbatore, in his proceedings R.No.580/2014 dated 05.02.2014 and to quash the same.

2. According to the Petitioner, he was appointed as night Watchman in the Court of Judicial Magistrate-VII through the District Employment Exchange, Coimbatore. Thereafter, he was promoted as Office Assistant on 11.02.2013 and posted at Manapparai. Later, he was transferred to the Judicial Magistrate Court-I (Fast Track Level), Coimbatore.

3. The categorical stand of the Petitioner is that he was ill treated and required to do domestic work even on holidays as against the Government Orders and to clean lavatory and other menial work, he became desperate and tendered his resignation on 06.06.2013. As a matter of fact, the Second Respondent/Chief Judicial Magistrate, Coimbatore has not accepted the same and treated his absence period as leave on loss of pay as per proceedings dated 07.06.2013.

4. The plea of the Petitioner is that even when he was posted at the Court of Judicial Magistrate-VI, Coimbatore, there also he had suffered the same treatment and constrained to submit his resignation through letter dated 31.01.2014. Indeed, the Second Respondent/Learned Chief Judicial Magistrate, Coimbatore vide proceedings dated 05.02.2014 informed that his resignation was accepted with effect from 01.02.2014 and his appointment was terminated with immediate effect as per proceedings dated 05.02.2014.

5. The Learned counsel for the Petitioner emphatically contends that the representation of the Petitioner dated 03.09.2014 addressed to the Director, National Commission for Scheduled Caste & Tribes and other Backward Classes, Chennai and the Department of Minorities Welfare (Tamil Nadu Government), Chennai-2 had not met with any positive response and therefore, he again made a representation on 30.10.2014 to the First Respondent stating that his resignation would be reviewed and that he may be graciously reinstated into service taking into consideration that he had submitted his resignation only out of deep frustration and furthermore, in his representation the Petitioner submitted that he has a big family to maintain. Since there is no response to the said representation from the First Respondent, he has preferred the instant Writ Petition.

6. At this stage, this Court pertinently points out that the Petitioner was appointed as night watchman on 16.06.2011 in the Court of Judicial Magistrate Court-VII, Coimbatore and in fact, he had clearly stated in his letter dated 31.01.2014 addressed to the Third Respondent/Learned Judicial Magistrate-VI, Coimbatore to the effect that he joined as Office Assistant at the said Court and that because of his family problems, he had wished to resign his job and prayed for acceptance of his letter and further, made a request that his 15 months deduction of CPS amount from his salary may be paid to him.

7. A cursory perusal of the proceedings of the Second Respondent/Learned Chief Judicial Magistrate, Coimbatore in R. No. 580/2014 dated 05.02.2014 (addressed to the Petitioner) unerringly points out that the resignation of the Petitioner as Office Assistant of the Third Respondent Court was accepted with effect from 01.02.2014 Fore Noon and added further, his appointment was terminated with immediate effect as per proceedings of the Second Respondent in R. No. 580/2014 dated 05.02.2014. Besides this, in the representation dated 03.09.2014, the Petitioner had addressed the Director, National Commission for Scheduled Caste & Tribes and other Backward Classes, Chennai and another, whereby and whereunder he had ultimately, prayed for action to be taken to revoke the order passed by the Learned Chief Judicial Magistrate, Coimbatore in his proceedings R. No. 580/2014 dated 05.02.2014 and to reinstate him into service. Also, he made repres







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