The writ petitioner claims to be appointed under Dying-in-Harness Rules as Class-III employee in the third respondent institution, Dewan Inter College, Hapur. It is also the case of the writ petitioner that he preferred an application on 01.04.2016 seeking one year leave without salary however the said application was not accepted, rather to the contrary the writ petitioner was required by virtue of a communication dated 21.02.2016 of the Principal of the institution in question either to join or to submit his resignation. The writ petitioner claims to have submitted two applications dated 01.10.2018 both addressed to the Manager of the institution in question firstly seeking voluntary retirement and secondly on the same date i.e. 01.10.2018 for joining. Learned counsel for the writ petitioner submits that till date the voluntary resignation has not been approved and neither there is any order in writing communicated to the writ petitioner i.e. voluntary retirement stood accepted. Learned counsel for the writ petitioner submits that there are various communications of the District Inspector of Schools, Hapur to the Manager/Principal of the institution in question one of the same is 02.10.2023 and other being 30.08.2023 requiring joining of the writ petitioner.
