SMT. SHAHEEN KAUSER QUAZI Vs. STATE AND ORS.

JUDGEMENT

(1.) Instant intra court appeal is directed against judgment dt.19/07/2001 passed by learned Single Bench whereby writ petition filed by Appellant (Petitioner) assailing order dt. 27/06/1998 (Ann.5) accepting resignation w.e.f. 24/12/1996 despite it being withdrawn vide her letter dt.06/06/1998, was dismissed.

(2.) The Appellant was appointed as Teacher Gr.III vide order dt.26/10/1991 (Ann.1) -pursuant to which she joined on 12/11/1991. It appears from the record that she got married in the year 1992 and her husband was serving in Central Reserve Police Force and remained posted at different stations and at one time, she made request for her transfer and posting at Ajmer where her husband was posted; however, when her request was not given any heed and she continued at Gangapur (Bhilwara), it compelled her to tender resignation on 24/12/1996 vide application addressed to the Principal, Senior Secondary School, Gangapur (Bhilwara). But, no action was taken on her application tendering resignation for sufficient long time. It appears that meanwhile when she was able to manage her affairs and responsibility, she reviewed her decision and submitted application (Ann.3) on 06/06/1998 seeking withdrawal of her resignation addressing it to the Principal of the School, pursuant to which she was informed by the Principal vide letter dt.25/06/1998 (Ann.4) that her application dt.24/12/1996 tendering resignation had been sent to the District Education Officer, Bhilwara vide registered post letter dt.26/12/1996; and further action can be sought by her only from District Education Officer. But, when District Education Officer was contacted, it was given out that vide order dt.24 -27/06/1998 (Ann.5), after two years her resignation has been accepted w.e.f. 24/12/1996 - pursuant thereto, she stood relieved; and at this stage, she submitted her representation (Ann.6) to the Secretary, Department of Education and when no relief was granted, she approached by way of writ petition which was dismissed by learned Single Bench. Hence intra court appeal.

(3.) Main thrust of Counsel for the Appellant is that once application for withdrawal of resignation was submitted on 06/06/1998 much prior to acceptance of her resignation vide order dt.24 -27/06/1998, the authority was not justified after two years in accepting her resignation which she tendered way back on 24/12/1996 (Ann.2) and such action of Respondents was wholly arbitrary and is in violation of Article 14 of the Constitution.