Case Note & Summary
The petitioner, Smt. Susheela Srinivasan, was appointed as a temporary teacher in a school run by Respondent No.1 Management. She was appointed on 18.07.1994 for a period from 14.07.1994 to 30.04.1995. On 02.03.1995, she was allegedly forced to resign, and on 08.03.1995 she sent a resignation letter which was received by the school on 10.03.1995. The managing committee accepted the resignation on 11.03.1995. The petitioner withdrew the resignation on 12.03.1995, received on 13.03.1995, and also submitted a leave application on 14.03.1995. However, the school informed her on 20.03.1995 that her resignation had been accepted and she was released from service. The petitioner appealed to the School Tribunal, which dismissed the appeal on 19.10.2002. The petitioner then filed a writ petition in the Bombay High Court. The court considered whether the withdrawal of resignation before the managing committee's formal decision on 18.03.1995 was valid. The court noted that the managing committee had accepted the resignation on 11.03.1995, which was before the withdrawal. The court held that the acceptance by the managing committee was valid and the subsequent withdrawal was ineffective. The petition was dismissed.
Headnote
A) Service Law - Resignation - Withdrawal of Resignation - Acceptance by Competent Authority - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The petitioner, a temporary teacher, sent a resignation letter which was received by the school on 10.03.1995 and accepted by the managing committee on 11.03.1995. The petitioner withdrew the resignation on 12.03.1995, received on 13.03.1995. The managing committee's decision on 18.03.1995 was after the withdrawal. The court held that the acceptance by the managing committee on 11.03.1995 was valid as per the Act, and the subsequent withdrawal was ineffective. (Paras 4-5)
Issue of Consideration
Whether the School Tribunal erred in dismissing the appeal against termination by way of resignation, and whether the withdrawal of resignation before acceptance by the managing committee was valid.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Resignation
- Withdrawal of resignation
- Acceptance by competent authority
- Temporary employee
- MEPS Act 1977
- School Tribunal
