RAVI R. TRIPATHI, J. ( 1 ) THIS is yet another case of non personal approach of the Government Officers to the problems of the employees. ( 2 ) THE petitioner joined services of the Government as Laboratory Technician in the Medical Division, in the Health and Medical Department of the Government of Gujarat in the year-1963. His initial posting was at Baroda and thereafter, he was transferred to the Health Division in Surat, in the T. B. Clinic and In-charge Medical Officer, T. B. Clinic, Surat was his immediate superior. ( 3 ) IN the year 1977, the petitioner applied for earned leave and surrender leave on 11th July, 1977 and he was granted the same by his immediate superior vide his Office Order dated 2nd July, 1977. The petitioner was granted earned leave for the period from 4th July, 1977 to 18th July, 1977, for 15 days along with surrender leave for 30 days. The petitioner has produced a copy of the said order at Annexure-A to the petition. ( 4 ) WHILE the petitioner was on leave, he was served with an Office Order dated 9th July, 1977 by his immediate superior informing the petitioner that he is transferred to Rajkot and the petitioner is treated as relieved on the same date on which the said office order was passed. A copy of the said order is also produced at Annexure-B to the petition. As a very natural reaction, the petitioner was stunned and shocked by the aforesaid order, which according to the petitioner was not only illegal, but, was also arbitrary and unjust. The petitioner protested against the said transfer by his letter dated 23rd July, 1977, but, it goes without saying that it was all in vain. The petitioner did not hear anything favourable to his protest, which was registered by the aforesaid letter dated 23rd July, 1977. The petitioner, as a helpless employee, submitted his resignation on 3rd October, 1977, a copy of which is produced at Annexure-C to the petition. The letter reads as under:"i have been serving as a Laboratory Technician in District T. B. Center, Surat. I want to resign that is desire to give up government job as Laboratory technician. The petitioner, as a helpless employee, submitted his resignation on 3rd October, 1977, a copy of which is produced at Annexure-C to the petition. The letter reads as under:"i have been serving as a Laboratory Technician in District T. B. Center, Surat. I want to resign that is desire to give up government job as Laboratory technician. Please consider the following points before channelising my resignation : (1) I was on surrender leave, when my transfer to Rajkot took place and before expiry of my surrender leave, I applied to the M. O. , Dist. T. B. Center, Surat, to extend my leaves. But I could not yet get reply or sanctioning letter. I presumed that my leave had already been granted. (2) With connection of above leaves, I request you to grant my leaves - Earned Leaves and Half Pay Leaves which are remained. (3) I should be informed regarding how many leaves are in balance including Earned Leaves and Half Pay Leaves. Please also mention when they expire. (4) I did not receive my salary from date 9. 7. 77 and onwards. That must be arranged before expiry of my all kinds of leaves. (5) My resignation should come into existence at after the very first day of the expiry of my all kind of leaves, and I would be considered to cease a government servant. (6) Please arrange the amount of my Provident Fund and the compulsory deposit scheme, thereafter. "this resignation is described as a conditional resignation, but, it speaks for itself and one can read the cry of a frustrated soul from the said resignation. The said resignation was not accepted and the petitioner was replied by a letter dated 16th December, 1977, i. e. after more than 2 months, intimating the petitioner that his request cannot be accepted. The letter dated 16th December, 1977 also replies point-wise to the petitioner, which reads as under :"1) The petitioner was intimated that under the Bombay Civil Services Rules, 1969, an employee cannot ask for leave as a matter of right. 2) Once resignation is tendered, balance leave cannot be granted. 3) Salary of the petitioner subsequent to 9th July, 1977 is to be received by the petitioner from the District T. B. Officer, Rajkot as the service book and the last pay certificate is under his control. 2) Once resignation is tendered, balance leave cannot be granted. 3) Salary of the petitioner subsequent to 9th July, 1977 is to be received by the petitioner from the District T. B. Officer, Rajkot as the service book and the last pay certificate is under his control. 4) The resignation is conditional and therefore, is not accepted. The petitioner has to first report on duty and thereafter, if he has an intention of submitting the resignation, he can do so and there is no restriction on the same. 5) The petitioner being absent from duty, necessary action will be taken against the petitioner under Gujarat Civil Services Conduct, Discipline and Appeal Rules, 1971, which may be noted. "it is important to note that after the said letter dated 16th December, 1977, the Government did not take any action against the petitioner until the petitioner came to be served with a registered notice dated 15th February, 1979, from the Office of the Director, Health Services, Health Department. The said notice states the fact that the petitioner was transferred as Laboratory Technician, but, the petitioner tendered conditional resignation by an application dated 3rd October, 1977, for which clarification was made by a letter dated 16th December, 1977, but, the petitioner has disobeyed the orders and unauthorisedly, though transferred, has continued to possess Government Quarter situated at the Medical College. The petitioner was called upon by the said notice to submit his explanation within 10 days as to why he should not be treated as an absconded employee from the date of his absence from duty. The petitioner was also intimated that the unauthorised occupation of the Government Quarter by the petitioner be vacated within 10 days and if the petitioner fails to do so, legal proceedings will be taken to get the quarter vacated. The petitioner replied to the said notice by a letter dated 16th April, 1979, a copy of which is produced at Annexure-F to the petition. The petitioner was then asked by the District T. B. Officer to pay all Government dues, which were considered as recoverable from the petitioner by a letter dated 19th December, 1979. The amounts recoverable from the petitioner were under different heads like recovery towards occupation of Government Residence, Rs. 2484. 30, Festival Advance recovery, Rs. 50. 00, Foodgrain Advance recovery, Rs. 240. 00, totalling to Rs. 2774. 30 ps. The amounts recoverable from the petitioner were under different heads like recovery towards occupation of Government Residence, Rs. 2484. 30, Festival Advance recovery, Rs. 50. 00, Foodgrain Advance recovery, Rs. 240. 00, totalling to Rs. 2774. 30 ps. The petitioner paid this amount by 3 different challans dated 19th December, 1979, the copies of those challans are also produced at Annexure-H collectively. Thereafter, the petitioner wrote to the Director, Health and Medical Services (Health Section), Ahmedabad, by a Registered Post A. D. letter dated 21st December, 1979 sending him photostat copies of original challans of paying up of all government dues plus one months salary. The District T. B. Officer, Surat, also wrote a Registered Post A. D. letter to the Director, Health Services (Health Section), Ahmedabad on 8/1/1980 wherein the details of the amount paid by the petitioner was set out and the date on which the amount was paid, was mentioned and the challans and the original resignation letter was also sent to the Director. The authorities did not take any action in the matter and therefore, the petitioner gave a notice on 10/10/1984. The petitioner, thereafter, approached this Court by filing the present petition. ( 5 ) THE Court issued notice on 22nd June, 1987 making it returnable on 2nd July, 1987. Thereafter, on 13th July, 1987, the Court issued Rule and expedited the matter. Thereafter, the matter was listed on 10th November 2000, for final hearing and on that day, the Court has passed the order as under :"ms. R. A. Acharya, learned AGP, states that since the Govt. Solicitors system has been abolished, the Govt. Pleaderss office will now be dealing with this matter, but for want of papers, she prays for time. "the matter was adjourned to 17th November, 2000. Thereafter, the matter was again adjourned from time to time and on 2nd March, 2001, the Court passed an order that, "in view of the request made on behalf of the learned counsel for the petitioner, on account of sickness of his wife, the hearing is adjourned for two weeks. " thereafter, once again, the matter was adjourned from time to time and today, when it is taken up for hearing, as usual, there is no affidavit in reply and there are no specific instructions with the learned Asst. Government Pleader, Mr. N. D. Gohil. ( 6 ) MR. " thereafter, once again, the matter was adjourned from time to time and today, when it is taken up for hearing, as usual, there is no affidavit in reply and there are no specific instructions with the learned Asst. Government Pleader, Mr. N. D. Gohil. ( 6 ) MR. N. D. Gohil, learned AGP, appearing for the respondent, submitted that as the resignation of the petitioner was conditional, the same was not accepted. He stated that he has no instructions in the matter as to whether, as suggested in the notice dated 16th December, 1977, the Government has taken any action against the petitioner under the Gujarat Civil Services Conduct, Discipline and Appeal Rules, 1971, for which the petitioner was intimated in the year 1977. Mr. Gohil is not able to assist the Court on the point that whether the Director of Health and Medical Services has taken any action pursuant to the registered notice given to the petitioner on 15th February, 1979 asking him as to why he should not be treated to be an absconded employee. ( 7 ) MR. Raval, learned counsel appearing for the petitioner, submitted that this is a case which reflects the working of the Government. He submitted that, as directed by the authorities by letter dated 19th December, 1979, the petitioner paid all recoverable dues by the Government, intimation of which was given by letter dated 19th December, 1979. He submitted that the petitioner has also paid one months salary and not only that, but, the challans were also forwarded to the Director, Health and Medical Services, Health Section by a Registered Post A. D. letter dated 21st December, 1979 and till the date, the petitioner has not heard anything from the Government authorities. The learned Advocate appearing for the petitioner submitted that the petitioner is not paid his Provident Fund and other dues which he is entitled to. He also submitted that though the District T. B. Officer wrote to the Director, Health and Medical Services of Health Section by a Registered Post A. D. letter dated 8th January, 1980, the Director has not taken any action in the matter. ( 8 ) MR. N. D. Gohil, learned AGP, submitted that he does not have specific instructions, but, there is some noting on the document that there was some inquiry/ prosecution, pending against the petitioner. ( 8 ) MR. N. D. Gohil, learned AGP, submitted that he does not have specific instructions, but, there is some noting on the document that there was some inquiry/ prosecution, pending against the petitioner. Therefore, the Department had not accepted his resignation. In absence of anything being on record, mere statement of Mr. Gohil, learned AGP, cannot be accepted by this Court that the Department could not process papers of petitioner for granting retiral dues. ( 9 ) TAKING into consideration the totality of the case, this is a case wherein the impersonal approach of the officer of the rank of Director of Health and Medical Services is reflected, who is intimated by 2 different Registered Post A. D. letters, one by the petitioner dated 21st December, 1979 and the other by the District T. B. Officer dated 8th January, 1980, by not taking any action in the matter. ( 10 ) IN the result, the petition is allowed. The respondent-authorities are directed to decide the question of acceptance of the resignation of the petitioner forthwith and in case decision is in favour of the petitioner, to pay all dues, that is, salaries and other emoluments along with interst at the rate of 18 % per annum to the petitioner within two months from the date of decision which should be taken latest within four weeks from the date of the receipt of copy of this order. It is further directed that the Government shall order an inquiry in the matter to decide as to who is to be saddled with the amount of interest which is to be paid under this order. It is directed that the Government shall place the inquiry report before this Court within six months from the date of receipt of copy of this order. Under the facts and circumstances of the case, costs of Rs. 7500. 00 be paid to the petitioner by the respondents. .