The court held that resignations cannot be accepted while disciplinary proceedings are pending, affirming the principle that withdrawal of resignation restores continuity of service.

ORDER :

1. This Writ Petition, under Article 226 of the Constitution of India is filed seeking the following prayer:

“to declare the rule 30(d) of A.P. State Subordinate Service Rules in so far as it relates to treating a person who is reappointed after accepting resignation as a fresh appointment and further declaring that he is not entitled to count any portion of service benefits and concessions admissible under any rule or an order as arbitrary illegal unconstitutional violating Article 14, 16 and 21 of the Constitution of India and set aside the same. And declare the impugned G.O.Rt No.12, Women Development Child Welfare Disable Welfare (Estt-A 1), Department dated 24.02.2009 issued by the 2nd respondent in so far as it relates to treating the reappointment of the applicant as fresh appointment as Supervisor Grade-I after allowing the applicant to withdraw her resignation is concerned as arbitrary illegal and unconstitutional in violation of Articles 14, 16 and 21 of the Constitution of India and set aside the same and issue consequential directions directing the respondents to count the previous service and continuity service of applicant without back wages increments for the out of service period and fix the pay of the applicant as per RPS along with increments and also direct the respondents to consider the case of the applicant for promotion to higher post on par with juniors with all consequential benefits.”

2. The brief facts of the case are that the petitioner was initially appointed as Creche Teacher in Women and Child Welfare Department in the year 1985 through Employment Notification. Subsequently, the petitioner was selected for the post of Extension Officer, W&CW (Grade-I) through Andhra Pradesh Public Service Commission (APPSC), Hyderabad under direct recruitment, however the concerned authorities delayed nearly five (5) years for giving appointment order after her selection by the APPSC due to non-production of Social Service Certificate in a proper format. Subsequently, she submitted necessary certificate before the Secretary, APPSC. Thereafter, respondent No.1 issued Memo No.906/Estt.A1/93-13, dated 17.01.1997 instructing the Regional Deputy Director, Warangal to issue posting orders to the petitioner as ‘Extension Officer’. In pursuance of the same, the Regional Deputy Director issued posting orders to the petitioner, vide Proc.356/B/92, dated 17.03.1997. Aggrieved by the delay in issuing appointment order, the petitioner requested the authorities concerned to consider her appointment w.e.f., 1993 instead of 1998 on par with similar selected persons recruited under the same notification. Meanwhile, departmental proceedings were initiated against the petitioner and a show-cause notice No.435/A2/2003, dated 18.10.2003, was issued to her with regard to the administrative and financial irregularities committed by her. Aggrieved by the said show-cause notice, the petitioner out of frustration submitted resignation from service on 10.11.2003.

3. Mr. M. Saleem, learned counsel for the petitioner submits that due to mental agony, frustration and depression meted out by the petitioner and also continuance harassment meted out by her in the hands of her husband, she applied for resignation on 10.11.2003. Without application of mind and the same was accepted by the respondents on 24.11.2003 and issued proceedings vide proceedings No.435/A2/2000, dated 24.11.2003. Thereafter, she made an application on 05.01.2004 before the respondents to withdraw her resignation and respondent No.1 accepted her request for withdrawal of resignation and issued G.O.Ms.No.12, Women Development Child Welfare & Disable Welfare (Estt- A1) Department, dated 24.02.2009. Pursuant to the said G.O., respondent No.4, the Regional Deputy Director issued proceedings No.191/E/2003, dated 13.03.2009 permitting withdrawal of resignation and re-appointing the petitioner as Supervisor Grade-I without any previous consequential financial and service benef