A temporary government servant's resignation can be withdrawn before its acceptance, but the withdrawal must be communicated to the proper authority before the communication of the acceptance of the resignation is complete against the government servant.

( 1 ) THIS is a plaintiffs second appeal in a suit for declaration that the plaintiffs "so-called" resignation dated 4th February, 1964 was null and void, inoperative and illegal and for recovery of Rs. 1,200/- as arrears of pay etc. , and for a further declaration that the plaintiff continues in service as House Visitor in the Malaria Eradication Programme and is entitled to his arrears of pay and allowances etc. , till such time as the plaintiff is allowed to join his service. The suit was filed on 27th February, 1965 by presenting an application for permission to sue in forma pauperis. It was registered as a suit on 20th December, 1965. The trial Court decreed the suit by saying that the plaintiff is declared to be in service entitled to the arrears claimed and pendente lite and future emoluments, and further that "the impugned resignation and order accepting the same are declared to be illegal, null and void. " The lower appellate court allowed in part the appeal filed by the defendant State of Uttar Pradesh and its officers who were the other defendants. The decree of the trial court was modified and the suit was decreed only to the extent that the plaintiff was declared to have continued in service up to 3rd February, 1964 and entitled to get his pay and other emoluments from 25th January, 1964 to 3rd February, 1964 at the rate claimed. The suit was dismissed in all other respects; the parties were directed to bear their own costs of both the courts, but the plaintiff was directed to pay the court-fees payable on the plaint which had been filed by him as an indigent person.

( 2 ) ACCORDING to the plaintiffs case he was appointed as House Visitor on 15th December, 1960 at the N. M. E. P. Unit Azamgarh (East) by the Addl. Director of Health and Medical Services, u. P. Lucknow, "through an open competition in which the plaintiff competed successfully. " The anti Malaria Officer, Dr. Kashi Nath Singh, the third defendant, and the Senior Malaria inspector Sri S. H. Zaidi, the fourth defendant, it was alleged, had been maliciously harassing the plaintiff although his work was praised by other officers. Ultimately on 4th February, 1964 while the plaintiff was going to the office, the Anti-Malaria Officer, Dr. Kashi Nath Singh and the senior Malaria Inspector. Mr. Zaidi met him on the way and ordered him to sit in their jeep and after showering abuses on him and proceeding to a place near river Tamsa, they demanded his resignation on the spot by show of force and other threats and the plaintiff was forced to write a slip on the dictation of the Senior Malaria Inspector Mr. Zaidi. That letter was wrongly treated to be the plaintiffs resignation. It was obtained by coercion, undue influence and force. A part of it was actually written by Mr. Zaidi. The next day the plaintiff lodged a complaint with the Deputy director of Malariology, Lucknow, defendant No. 6, "giving the details of the drama played against the plaintiff with the request that he might not be relieved from his service". No reply was received in spite of a reminder. The plaintiff never resigned and his resignation had not "yet been accepted". The "so-called" resignation was no resignation. The plaintiff was forced out of his office and the Anti Malaria Officer and the Senior Malaria Inspector did not allow the plaintiff to do any work. It amounts to the plaintiffs dismissal by an unauthorised person. The so-called resignation has not been accepted by the proper authority. This is followed by the allegation about service of notice under Section 30 of the Code of Civil Procedure, after which, it is said that, the plaintiff received a letter signed by the Anti Malaria Officer accepting the, resignation on behalf of the Deputy Assistant Director of Malaria, and which was said to be illegal for having been accepted from a date prior to 4-2-1964. The date of accrual of the cause of action was stated to be the 4th February, 1964, when the resignation was sa