Arun Kumar Lal vs State Of Jharkhand And Others

Anubha Rawat Choudhary, J

This writ petition has been filed for the following reliefs:

“For issuance of direction upon respondent No. 2 (Secretary, Human Resources Development Department) to take decision to accept the withdrawal of the resignation of the petitioner and to allow him to join the post of Asst. Teacher in Singhbhum East for which the petitioner’s case has been recommended by the Chairman of the District Establishment Committee namely Deputy Commissioner vide letter dated 06.07.09 by clearly stating therein that petitioner’s resignation has not been accepted by the District Establishment Committee and he may be allowed to rejoin on the post of Teacher.

To hold and declare that the letter dated 02.03.2009 by which the District Superintendent of Education has accepted the resignation unilaterally is illegal and void in view of the fact that same was never communicated or issued and District Superintendent of Education is fully incompetent to accept the resignation nor the same was communicated or dispatched from the office of the District Superintendent of Education, Singhbum East.

To hold and declare that the office order dated 10.08.2010 passed by the District Superintendent of Education.”

Learned counsel appearing on behalf of the petitioner Mr. Sushant Kumar submits that the sole petitioner has expired during the pendency of the present case and he continued to work as assistant jailor in the state of Bihar. He submits that the case has abated and no further cause of action survives.

Learned counsel for the respondents Mr. Mihir Kunal Ekka is present.

Accordingly, the present petition is treated as abated.

Pending I.A., if any, stands closed.