B. Santhi v. District Collector, Tiruvannamalai District
2012-06-04
VINOD K.SHARMA
body2012
DigiLaw.ai
Judgment :- 1. The petitioner was appointed as Nutrition Assistant on 30.09.1992. Subsequently, she was selected by way of direct recruitment on 20.04.1997. In pursuance to her selection, she joined Community Nutrition Centre, Padur Village. The petitioner submitted her resignation to contest the local body election for the post of Panchayat President. The resignation submitted by the petitioner was accepted vide order No.Na.Ka.pa.Vu.1/17756/2001,dated 01.10.2001. 2. The petitioner was defeated in the election. After the defeat, she filed a representation dated 29.10.2001 to the first respondent for reinstatement in service. The second respondent vide his letter dated 30.10.2001 recommends to the District Collector, to reinstate the petitioner in service. 3. The submission of the petitioner is that request made by the petitioner and the recommendation of the second respondent were not accepted. 4. The petitioner approached the learned Tribunal, seeking direction to the respondent No.1 to reinstate the petitioner on the post of Nutrition Assistant or any other post under the Nutritional Project Scheme. The Original application filed by the petitioner has been transferred to this Court and numbered as writ petition. 5. In support of the prayer, the petitioner placed reliance on the Government instructions issued vide letter No.3757/Sathi 1.2.97-1, dated 10.03.1997. 6. The learned counsel for the petitioner vehemently contended, that the action of the respondent No.1 in not accepting the recommendation of the respondent No.2, is totally arbitrary and that the respondent No.1 failed to perform his legal obligation to reinstate the petitioner in service, in view of the Government instructions referred to above. 7. On consideration, I find no force in this writ petition. The Government instruction dated 10.03.1997 on which reliance is placed for reinstatement, does not impose any obligation on the respondent No.1 to reinstate a person who had resigned from service and whose resignation stood accepted. 8. The instructions of the State Government only makes a person eligible for fresh appointment, as and when the vacancy arises, if eligible. 9. The intention of issuing instructions by the State Government was not to debar a candidate for fresh appointment, in case of resignation, to contest the election. 10. The petitioner has no legal right to seek reinstatement in service, once resignation was accepted. After the acceptance of resignation, there exist no relationship of Master and servant to seek reinstatement. 11. For the reasons stated, finding no merit, the writ petition is ordered to be dismissed.
10. The petitioner has no legal right to seek reinstatement in service, once resignation was accepted. After the acceptance of resignation, there exist no relationship of Master and servant to seek reinstatement. 11. For the reasons stated, finding no merit, the writ petition is ordered to be dismissed. 12. However, this order be not taken to debar the petitioner for consideration by the State Government, if so eligible for fresh appointment, in accordance with law.