JUDGEMENT
S. B. Sinha, J. -
(1.) Leave granted.
(2.) Appellant herein is a school recognized and governed under the Delhi School Education Act, 1973 (for short, the Act) and the rules framed thereunder. First Respondent herein had, at all material times, been working as a Sanskrit teacher in the appellant school. On or about 14.03.1997, his wife made a complaint to the Principal of the school informing that the First Respondent had made fake coupons meant to be used at the fate of the school held on 15.12.1996. Several other serious allegations were made by the first respondents wife against him. He tendered his resignation purported to be on the ground of having some domestic problems. The said letter of resignation reads thus :
"Because of some urgent and serious domestic problems it is difficult for me to continue serving the school. I request you to kindly accept this my letter of resignation.
Since my circumstances require me to take such a major step, I request your indulgence in making my situation somewhat easier by acceding to my following requests :- (A) My gratuity and other dues including earned leave may be encashed and disbursed quickly.
(B) The privilege of students that my children have enjoyed in Modern School at no cost to me may be continued.
(C) My association with the school particularly through my books being used by the middle school for Sanskrit may be continued.
(D) In case my benefit accrues to me for the past period on account of revision of salaries arriving out of the pay commission or the school management, the same may be granted to me in the due course.
(E) Any fallout of my domestic problems and any attempts to malign me may please be ignored and not be allowed to effect upon my children."
(3.) Indisputably, acceptance of resignation by the appellant from a teacher is governed by Section 114A of Act, 1973 which reads as under :
"114A. Resignation :- The resignation submitted by an employee of a recognized school shall be accepted within a period of thirty days from the date of receipt of the resignation by the managing committee with the approval of the Director :
Provided that if no approval is received within 30 days, then such approval would be deemed to have been received after the expiry of the said period." ;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.