Voluntary nature of resignation, acceptance process, and absence of mandatory requirements for sending resignation letters by registered post.

( 1 ) THE Petitioner has challenged the impugned order and judgment of the School Tribunal (the Tribunal), Kolhapur dated 10-12-1999, thereby his Appeal on the ground that Respondent Nos. 1 and 2 forcibly obtained his resignation on 5-1-1997, and illegally terminated his services, was dismissed.

( 2 ) ON 22nd November, 1994, the Petitioner was appointed as a peon in respondent No. 3-Girls High School and Junior College. The Petitioner who is belonging to the Scheduled Castes, became a permanent employee on 30-4-1996. However, full salary was not paid. Therefore, the representation was made by the petitioner, accordingly to Respondent No. 2. The Petitioner signed the muster roll up to 31-12-1996. As alleged, the Petitioner was forced to sign some blank papers on 5-1-1997 and treated the same as resignation letter by putting undue influence. It was undated and blank resignation letter. The Petitioner kept the carbon copy of the same with him. As Respondent No. 3 obstructed the Petitioner to attend the duties on 20th February, 1997, a representation was made to respondent Nos. 2 and 4 and ultimately on 31-3-1997, filed an Appeal before the tribunal,kolhapur.

( 3 ) RESPONDENT Nos. 2 and 3 defended the same by submitting that the petitioner on 1st October, 1996 tendered resignation which was duly accepted through the Management Resolution on 5-11-1996 itself, though on record, no duplicate copies were produced nor any Resolution. The Petitioner produced the carbon copy of undated blank resignation letter. By impugned order dated 10-12-1999, the Tribunal,kolhapur dismissed the Appeal by holding that the petitioner-Appellant failed to prove that his resignation was forcibly obtained on 5th January, 1997 and therefore, not granted order of reinstatement.

( 4 ) RELEVANT section 7 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for Short "the Act") is as under :

"section 7. Procedure for resignation by employees of private schools.- If any employee intends to resign his post in any private school, at any time after the appointment date, he shall draw up a letter of resignation in duplicate and sign both the copies of that letter and put the date thereon. He may then forward one copy to the Management by registered post and keep the other copy with him. "

( 5 ) RELEVANT Rule 40 of The Maharashtra Employees of Private Schools (Conditions of Service) Rules,1981 (for short, "the Rules") is as under :

"rule 40. (1) A permanent employee may leave service after giving three calender months notice and a non-permanent employee may leave service aftergiving one calender month's notice. The Management may, however, allow an employee to leave service earlier on payment of pay (excluding allowances) for three months, or as the case may be, one month in lieu of notice by the employee. The amount in lieu of notice shall be restricted to the pay or the period by which the notice period falls short. (2) If any Management allows an employee to leave service earlier either without due notice or without making payment of pay in lieu of notice as specified in sub-rule (I), a proportionate amount of pay in lieu of notice shall be deducted from the grant due to the school concerned. (3) An employee entitled to vacation shall not give notice of resignation during the vacation or so as to cover any part of the vacation. The notice of resignation shall not be given within a month after the beginning of the first term of the year. "

( 6 ) SECTION 7 of the Act provides that the employees to draw up a letter of resignation in duplicate and sign both the copies by putting the date on it. He may forward one copy of the said resignation to the Management by R. P. A. D. and keep the other copy with him. In the present case, as observed, the Petitioner-Appellant tendered resignation voluntarily on 1-10-1996. The effective date was 1-11-1996. The Petitioner withdrawn the substantial amount of Rs. 13,060/- from his Account