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1954 Supreme(All) 103

MALIK, V. BHARGAVA
Jwala Prasad – Appellant
Versus
State of U. P. – Respondent


Advocates:
Rajeshwari Prasad, for Applicant; Standing Counsel for opposite Party.

Judgement

MALIK, CJ. :- These writ petitions have no force. They have been filed by three Patwaris who had tendered their resignations which were accepted by the Government, and they now claim that they should have been allowed to continue in service. Learned counsel state that the facts of the three cases are similar and the same point arises in all the three. We will, therefore, give the facts of one case and this judgment will govern the other two cases.

2. In Miscellaneous Writ Case No. 389 of 1953 Jwala Prasad was appointed Patwari of Akoraha circle, district Banaras in the year 1942. Towards the end of the year 1952 and beginning of 1953 there was a certain amount of agitation among the Patwaris as they considered that their terms and conditions of service were not satisfactory. On 2-2-1953 Jwala Prasad sent a letter of resignation, which is annexure-A to his affidavit. The first paragraph of this letter ends with the words "Atah apne pad se tyag patra de deta nun", which means I am, thereiore, tendering my resignation". The last paragraph of this resignation letter is as follows :

"Atali main yeh tyag patra Sriman ji ki sewa men preshit karke prarthana karta hun ki tarikh 3-3-5






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