Madras High Court has declined to reinstate an Office Assistant of a lower court who claimed he resigned out of desperation after being allegedly illtreated and made to do menial works including cleaning lavatories.
A bench comprising Justice Satish K.Agnihotri and Justice M Venugopal dimissed the petition by M Mohemmed Akbar Basha saying the petitioner in his resignation letter of January 31, 2014 addressed to Chief Judicial Magistrate, Coimbatore, had stated that he wanted to quit owing to his family problems.
"As such, at this distant point of time, it is not open to him to take an altogether different stand that he had tendered the resignation letter under depression and frustration," the bench ruled.
The petitioner had submitted that he was ill treated and required to do domestic work even on holidays as against government orders and to clean lavatory and other menial work.
He became desparate and tendered his resignation on June, 2013 following which he was posted to another court, but there also he suffered the same treatment and hence resigned the next year.
However, later he sent a representation to the Registrar General of the high court stating that his resignation may be reviewed and he may be graciously reinstated in service taking into consideration that he had submitted his resignation only out of deep frustration and he has a big family to maintain.
Rejeting his prayer, the Bench said "There is no rule dealing with employment after resignation is accepted in relevant time and such a plea made on behalf of the petitioner in the present writ petition, based on the facts and circumstances of the present case is not legally tenable.
