JUDGMENT :

SUDEEPTI SHARMA, J.

1. The present regular second appeal is preferred against judgment and decree dated 31.03.2004, passed by learned Civil Judge (Senior Division), Hisar, whereby, the civil suit filed by the appellant was dismissed as well as judgment and decree dated 22.05.2006, passed by learned Additional District Judge, Hisar, whereby the appeal filed by the appellant was also dismissed.

BRIEF FACTS OF THE CASE

2. Brief facts of the case as per the pleadings in the civil suit are that the appellant/plaintiff was appointed on the post of Horticulture and Floriculture Instructor by the Director of Industrial Training and Vocational Education, Haryana, Chandigarh on the recommendations of the Services Selection Board Haryana vide No. TE/153/22/13087 dated 6-3-1992 and accordingly he joined the duties on 20-3-1992 at Vocational Education Institute, Faridabad. That after joining on the post, the appellant/plaintiff applied for Station leave from 23-5-1992 but due to unavoidable circumstances he could not report on duty upto 28-5-1992 and on 28-5-1992 the appellant/plaintiff requested for earned leave but the same was not granted to him on account of short period of service but later on the Incharge Vocational Institute Faridabad sanctioned the leave of the appellant/plaintiff without pay. That further in the month of June due to his ill health, appellant/plaintiff could not report on duty and requested for leave and also sent medical certificates to the authorities but the authorities did not cooperate with him and ultimately he was compelled to submit his resignation on 5-11-1992 because due to unavoidable circumstances it was beyond his control to report on duty. That instead of taking any action on the resignation submitted by the appellant/plaintiff, respondents/defendants issued charge sheet under rule 8 of Haryana Civil service (Punishment and appeal) Rules 1987 vide letter TE/180/2/33713 dated 1-12-92 to the appellant/plaintiff on the allegations that he remained absent on 28-3-1992, 17-4-1992, 20-4-1992, 27-4-1992 and 25-5-1992 to 27-5-1992 and further alleged that he remained absent from 17-6-1992 to 24-6-1992 and further from 25-6-92 to 19-8-92 and is absent from duty from 20.08.1992 onwards. The appellant/plaintiff filed his reply to the charge sheet accordingly. That since no order was passed on the resignation of the appellant/plaintiff, he vide letter dated 25-5-1993, requested the respondents/defendants for withdrawal of his resignation and also requested them to allow him to join duties. That since the respondents/defendants were not permitting the appellant/plaintiff to join the duty despite repeated requests and also did not pass any order whatsoever against him, he filed civil suit No. RBT 51-C of 1993 on 19-8-1993 in the Civil Court at Hisar. That the said civil suit of the appellant/plaintiff was dismissed by Ld. Civil Judge (Senior Division) Hisar on 3-12-1997. The appellant/plaintiff thus preferred an appeal No. 173-CA on 24.12.1997 against the judgment and decree dated 3-12-1997. The same was allowed on 3-11-1999 and the judgment of the Ld. Civil Judge (Sr. Division) was set aside. That it is admitted fact the respondents/ defendants did not prefer any appeal against the judgment and decree dated 3-11-1999 passed by the District Judge Hisar in favour of the appellant/plaintiff and as such judgment & decree dated 3-11-99 attained finality. That the respondents/defendants after the decision dated 3-11-99 allowed the appellant/plaintiff to join his duties w.e.f. 1.1.2000 at Vocational Education Institute Jind. That it is relevant to mention here that during the pendency of the civil suit, the respondents/defendants vide Endst. No.TR/180/2/21547 dated 20-11-1997, withdrew the charges leveled against the appellant/plaintiff vide charge sheet dated 1-12-92. That surprisingly on very next day i.e. 21-11-97 the respondents/defendants again issued a charge sheet under Rule 7 of Haryana Civil service (Puni