MUNNA BHATTACHARJEE Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This writ petition has been filed challenging the legality and validity of the action of the respondents in accepting the purported resignation of the petitioner from service. The petitioner has challenged the Annexure-7 certificate dated 04.04.02 issued by the Joint Secretary of Laban Bengalee Girl's Higher Secondary School, Shillong certifying her service as Assistant Teacher from the school from 01/08/96 till she resigned from service w.e.f. 11/02/02, by filing the instant writ petition on 30/01/04.

(2.) The facts narrated in the writ petition are that the petitioner was appointed as Assistant Teacher in the school by an order dated 09/08/96 and her service was confirmed by order dated 10/05/2000. According to her she had been discharging her duties most diligently to the satisfaction of all concerned and there was no blemish in her service career. She had to take maternity leave from 12/03/01 to 19/06/01, but had to extend her leave on medical advice. She resumed her duties on 10/12/01 by furnishing medical certificate and joining report and continued to attend her duties till 19/12/01 after which the school was closed on account of winter vacation.

(3.) On 19/12/01, the petitioner was served with a copy of the resolution dated 12/12/01 passed by the Managing Committee of the school wherein it was stated that her joining report would be accepted only after reopening of the school on 08/02/02. On reopening of the school on 08/02/02, the petitioner had gone to the school and made an enquiry about the acceptance of her joining report by the Managing Committee of the school, but she was not given any satisfactory reply. On 12/03/02 she was served with a show cause notice issued by the Secretary of the Managing Committee of the school to show cause as to why her service would not be terminated for her unauthorized absence from duty from 07/12/01 to 12/02/02. On receipt of the show cause notice, the petitioner submitted her reply dated 27.03.2002 (Annexure-5) stating the factum of her taking her maternity leave and the extension thereof.