MARKANDEYA KATJU, C. J. ( 1 ) THIS writ petition has been filed against the judgment passed by the learned single Judge dated 25. 10. 2005. Heard learned counsel appearing for the appellant and also perused the record. ( 2 ) IT appears that the appellant had worked as Asstt. Professor (ENT) on ad-hoc basis in All India Institute of Medical Sciences (in short `aiims) from 07. 10. 1996 to 09. 08. 2000. Thereafter he left the service of the institute without information and formal approval of the competent authority. He sent a letter dated 24. 8. 2004 to the institute that he had secured a job abroad, and therefore he is resigning from the job of the institute. He did not have the permission of AIIMS to go abroad. On receipt of an absentee report from the department his service was terminated with effect from 9. 8. 2000. ( 3 ) IT appears that he worked in Oman for more than one year and thereafter he came back to India and applied against an advertisement for the post of Asstt. Professor, AIIMS in the Department of ENT. He was considered and appointed as asstt. Professor (ENT) on 04. 06. 2003. ( 4 ) NOW the petitioner/ appellant claims that his earlier service in AIIMS from 07. 10. 1996 to 09. 08. 2000 be added to his service after he re-joined AIIMS in 2003. ( 5 ) HIS representation was rejected by a memorandum of AIIMS dated 31. 08. 2004, annexure P-14, to the writ petition which reads as follows:- all INDIA INSTITUTE OF MEDICAL SCIENCES ansari NAGAR, NEW DELHI - 110029 no. F. 6-33/2003-Estt. I Dated the 31 August, 2004 memorandum subject :- Request for counting of past service rendered by Dr. Rakesh kumar as Assistant Professor of E. N. T. on ad- hoc basis w. e. f 07. 10. 1996 to 09. 08. 2000 for the purpose of promotion to the grade of Associate Professor at the AIIMS, New Delhi. With reference to his letter dated 22nd July, 2004 on the subject cited above, Dr. Rakesh Kumar, Professor of E. N. T. is informed that his request for counting of past service rendered by him as Assistant Professor of E. N. T. on ad- hoc basis w. e. f 07. 10. 1996 to 09. 08. With reference to his letter dated 22nd July, 2004 on the subject cited above, Dr. Rakesh Kumar, Professor of E. N. T. is informed that his request for counting of past service rendered by him as Assistant Professor of E. N. T. on ad- hoc basis w. e. f 07. 10. 1996 to 09. 08. 2000 for the purpose of promotion to the grade of Associate Professor under Assessment Promotion Scheme (APS), has again been considered by the competent authorities and the para-wise reply on his representation is as under:- (a) Dr. Rakesh Kumar had worked as Assistant Professor of E. N. T. on ad-hoc basis w. ef. 07. 10. 1996 to 09. 08. 2000 and he left the service of the Institute without information and formal approval of the competent authorities. (b) (i) While working as Assistant Professor of Histocompatibility and immunogenetics at this Institute, Dr. D. K. Mitra was permitted to avail of a fellowship at Beckman Centre for Genetic and Molecular Medicine, Stanford university School of Medicine, California, USA for a period of two years w. e. f 19. 01. 2002 on Extra Ordinary Leave Without Pay with the prior approval of the competent authorities, on his specific request. Hence, Dr. Mitra was on the roll of the Institute at the time of interview and also on 06. 11. 2003 when he was promoted to the grade of Associate Professor under the APS. (ii) Dr. Rakesh Kumar left the service of the Institute on 09. 08. 2000 without formal approval of the competent authorities. He sent an information vide his letter dated 28. 08. 2000 stating that, he had secured a job abroad and therefore, he was resigning from the service of the Institute. Neither he routed his application for applying for the job abroad through proper channel, nor he took permission for accepting the job abroad. On receipt of an absentee report from the Department of E. N. T, his services were terminated by the institute w. e. f. 09. 08. 2000 (afternoon) vide O. M. No. F. 6-39/96- Estt. I 29. 08. 2000. Since his services were terminated keeping in view his un- authorized absence, it was not possible to withdraw the termination order and to regularize his period of service abroad w. e. f 10. 08. 2000 to 23. 09. 2004 as extra Ordinary Leave Without Pay. 08. 2000 (afternoon) vide O. M. No. F. 6-39/96- Estt. I 29. 08. 2000. Since his services were terminated keeping in view his un- authorized absence, it was not possible to withdraw the termination order and to regularize his period of service abroad w. e. f 10. 08. 2000 to 23. 09. 2004 as extra Ordinary Leave Without Pay. (c) The ad-hoc services of the Assistant Professors was+ not regularized at this institute as alleged by Dr. Rakesh Kumar as the Assistant Professors who had been working on ad-hoc basis have been gone through the regular selection process and got selected. As regards the promotion of 62 Assistant Professors, who have been appointed as Assistant Professor through regular selection process, is concerned, it may be stated that they have been promoted as Associate Professor under Assessment Promotion Scheme in accordance with the decision of the institute Body dated 16. 09. 2002. Therefore, the recruitment rules were not relaxed for anyone. (d) As already stated in para [b (i)] above, Dr. D. K. Mitra was an employee of the Institute and was on the roll on the date of interview as such his case cannot be equated with the case of Dr. Rakesh Kumar. Keeping in view the above facts, his request for regularisation of the period of service in abroad w. e. f 10. 08. 2000 to 23. 09. 2004 cannot be treated as extra Ordinary Leave Without Pay as his services was terminated on the ground of his un-authorized absence. Therefore, there is a break in his service between ad-hoc appointment and regular appointment as Assistant Professor as such his period of service as Assistant Professor on ad-hoc cannot be counted for the purpose of service as Assistant Professor on ad-hoc cannot be counted for the purpose of promotion in the grade of associate Professor under APS. Sd/- (ATTAR SINGH) chief ADMN. OFFICER (ACTG) dr. Rakesh Kumar assistant Professor th. : The HOD of E. N. T. ( 6 ) IN our opinion, there is no merit in this appeal. When a person resigns then his service comes to an end, and the master and servant relation is snapped. Sd/- (ATTAR SINGH) chief ADMN. OFFICER (ACTG) dr. Rakesh Kumar assistant Professor th. : The HOD of E. N. T. ( 6 ) IN our opinion, there is no merit in this appeal. When a person resigns then his service comes to an end, and the master and servant relation is snapped. If after an interval of time he wants to rejoin service in the same institute/ establishment than ordinarily it will be a fresh appointment and he cannot claim benefit of his earlier service as that service had come to an end. ( 7 ) COUNSEL for the appellant submits that one Dr. D. K. Mitra was given benefit of his earlier service. This matter was also considered in the Memorandum dated 31. 8. 2004 as well as in the impugned judgment of the learned Single Judge, wherein it has been noted that Dr. Mitra had gone abroad after taking permission from AIIMS, whereas the appellant had gone without taking any such permission. ( 8 ) HENCE in our opinion, the case of Dr. Mitra is clearly distinguishable. As regards Dr. Khaitan s case his break in service was purely involuntary. Hence both the cases of Dr. Mitra and Dr. Khaitan are distinguishable and the appellant cannot get any benefit from them. ( 9 ) HENCE there is no merit in the appeal and the same is dismissed. .