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2003 Supreme(Kar) 340
Karnataka High Court
SHARDA MARUTHI PATIL - Appellant
Versus
CHAIRMAN, LOCAL BOARD ADMINISTRATIVE office, BELGAUM - Respondent
Decided On : 04-08-03
W.P. : 7224 of 2000
A.S.KARWANDE
Headnote:Resignation as an outcome of depression
Resignation - Petitioner a Lower Division Clerk in the Military school - allegations of ill will by the principal - counter allegations of lunacy made against the petitioner - hospital records produced to prove - resigned - not accepted - resignation tendered again - accepted - letter of withdrawal purported to have been written - not found in record - petitioner requesting to forward her resignation and requesting to settle the consequential benefits - held, resignation is not voluntary being an outcome of depression, medical test recommended - if the result is in her favour, directed to reinstate, without any backwages because, all this mess is her own making -if unfavourable directed to settle her pension
[R. Gururajan, J.] - On the peculiar facts and circumstances of this case, it is proper to direct the respondent to subject the petitioner to a medical test by an expert body like NIMHANS or any other reputed hospital dealing mental/neuro problems to ascertain with regard to her mental/neuro condition to work as before without causing disturbances either to school or to the students and obtain a certificate in that regard. If the Certificate is in favour of the petitioner, then, the respondent is to reinstate her in her original post with continuity of service. She cannot be provided with the backwages since she has created all these mess by way of resignation and by way of causing problems to the school. No malafides can be attributed to the school in accepting her resignation. In the given set of circumstances, some sort of sacrifice has to be done by the petitioner for her own doings in the case on hand. Though that doings may be unintentional still the Court is of the view that public money has to be saved by the Court. Therefore, she is not entitled for any wages/benefits for this period in the event of a favourable certificate in her favour after an by the examination in terms of this order. She would be entitled for wages and from the date of reinstatement after obtaining a certificate in terms of this order by the school. The Court also deems it proper to issue a direction that in the even of an unfavourable certificate in favour of the petition then the school may retire her from service on account of mental ailment and provide her invalid pension in accordance with the pension Rules as applicable to the school.
Case Referred: 2000 AIR SCW 5162.
( 1 ) THE petitioner-Miss Sharda Maruthi Patil is before me challenging annexure-H, dated 12-1 -2000 with a further direction to permit the petitioner to work as Lower Division Clerk (LDC) in addition to monetary benefits.
( 2 ) THE petitioner was appointed as LDC in the year 1984. She was transferred to Pune on permanent duty basis. Her father, Sri Maruthi Patil was a Sipai in the military service and was a Commandant Officer in the Second world War. He retired from service with injuries to his body and leg amputated and her mother was old lady. In those circumstances, she made a request and her request was accepted and was transferred to Belgaum. She has made some averments/allegations against one Sri R. S. Kahtri, her principal in the school. According to her, Sri Kahtri developed ill-will against her and went on giving her problems after problems. He apprehended her as lunatic person and she was sent for treatment by the Principal. She could not perform her duties for various reasons which she has given in detail in the petition. It is unnecessary for me to refer to all these facts for the purpose of this case.
( 3 ) ACCORDING to the petitioner, the Principal was insisting upon the petitioner to leave the school and resign the post. The petitioner declined. She was abused in the month of January 2000 and that she was threatened that she would be made to suffer criminal proceedings in case if she does not resign. Thereafter, she was compelled to resign in terms of Annexure-F. Her resignation was accepted in terms of Annexure-G followed by Annexure-H, acceptance by the officiating Principal and later Principal. She later submitted a letter at Annexure-J, dated 21-1-2000 followed by Annexure-K to the respondent. According to her she has withdrawn the resignation before acceptance and therefore, the acceptance of resignation according to her is unsustainable in law.
( 4 ) RESPONDENTS have entered appearance. They have filed a detailed affidavit. They say in the affidavit that the petitioner was transferred from ammunition Depot, Kirkee, Pune to Belgaum. The school is a residential military school. It has more than 310 students. The petitioner was an undesirable worker. Her attitude and behaviour is marked by indiscipline. The earlier Principal, noticing her dismal performances wanted her to be posted somewhere else. The present Principal noticed some peculiar behaviour and on going through the records he found that the petitioner is to be sent for medical examination. She was examined and diagnosed as suffering from "paranoid Psychosis". He has also referred to her poor performance in the objection statement. She offered her resignation on 7-9-1991. It was not accepted. She again sent her resignation on 16-2-1995. It was conditional. Therefore, it was not acceptable. On 29-10-1999, she wanted to resign. The said resignation was accepted by the respondent. Thereafter, there is sufficient correspondence available on record in this regard. She has also made a subsequent letter to the petitioner. She wanted to meet the Committee and the same has been turned down by the respondent. She also sought for permission of personal hearing in the chamber and the same has been considered not essential in the letter dated 3-2-2000.
( 5 ) A reply statement has been filed by the petitioner and an additional statement is also filed by the respondent.
( 6 ) THIS Court in terms of an order dated 21-2-2003 directed the petitioner to file original of Annexure-K2, an acknowledgement. Respondents have stated in the petition that they have not received Annexure-J, a withdrawal letter and this order was passed in those circumstances to verify the correctness of the statement. Thereafter, the matter was heard finally by this court.
( 7 ) SRI Goulay, learned Counsel essentially raised two contentions. His first contention is that the acceptance of resignation by the Principal is contrary to the powers vested with the Principal in the case
