1. This petition challenges the judgment and order dated 19-1-2009 passed by the School Tribunal, Amravati, dismissing Appeal No.61 of 2008 filed by the petitioner challenging his otherwise termination from service by accepting his resignation dated 12-1-2008 by resolution dated 10-2-2008.

2. The facts of the case are as under :

The petitioner was appointed as an Assistant Teacher on 1-7-1985. He was promoted as Head Master on 10-10-2004. The petitioner tendered his resignation from service on 12-1-2008, which was accepted by the Management on 10-2-2008. He was not allowed to work on the post with effect from 26-6-2008 and hence he challenged his otherwise termination from service by filing Appeal No.61 of 2008.

3. Before the School Tribunal, it was not the case of the petitioner that he did not tender resignation on 12-1-2008 or that it was a forged and fabricated document, not executed by the petitioner. It was also not the case of the petitioner that he had neither prepared the resignation dated 12-1-2008, not had signed it. He, however, took the stand that the said resignation was procured by the respondent No.1 forcibly. It was the stand taken that the said resignation was subsequently withdrawn by his letter dated 30-1-2008 sent by registered post acknowledgment due, which was received by the Management on 7-2-2008. His contention was that before acceptance of the resignation on 10-2-2008, the Management had received the letter for withdrawal of resignation on 7-2-2008, and hence the resignation dated 12-1-2008 could not have been acted upon. Thus, the contention was that it was illegal acceptance of the resignation, which amounts to otherwise termination.

4. The case of the Management was that the petitioner had personally tendered his voluntary resignation dated 12-1-2008. Thereafter again the petitioner had forwarded the another resignation of the same date by registered post acknowledgment due on 7-2-2008. It was the stand taken that the resignation dated 12-1-2008 was accepted by the Management on 10-2-2008. According to the Management, it had never received the communication dated 30-1-2008 from the petitioner, said to be the withdrawal of resignation dated 12-1-2008. Acting on the basis of the voluntary resignation dated 12-1-2008, the Management had passed a resolution on 10-2-2008, which is legal, valid and proper.

5. The School Tribunal has rejected the contention of the petitioner that the resignation tendered on 12-1-2008 was involuntary, as the same was given under force, duress and coercion. It was held that the petitioner was earlier working as President of the Society and was Head Master of the School and since the group led by him was in minority, he tendered voluntary resignation from the employment, as he was not interested to work as Head Master under the Management controlled by the other persons. It has further recorded the finding that the petitioner was holding the key post in the Management as well as in the School and it is difficult to accept the contention of the petitioner that he was pressurized by the Secretary of the School to obtain such resignation. After going through the contents of the resignation, the finding is also recorded that the petitioner had given his resignation by his freewill and voluntarily from the post of President of the Society as well as Head Master and the copy of the same was also sent to the Assistant Charity Commissioner and Education Officer, Yavatmal.

6. On the question of withdrawal of resignation by the letter dated 30-1-2008, the Tribunal has recorded the finding that there was no pleading in the memo of appeal about withdrawal of the resignation. In rejoinder, a case is put-forth and the same is, therefore, rejected on the ground that it is an afterthought. The further finding is also recorded that the letter of withdrawal of the resignation dated 30-1-2008 appears to have been manipulated. With these findings, the appeal has been dismissed.