JUDGMENT :

Rohit B. Deo, J.

1. Petitioner 1 is a society registered under the provisions of the Societies Registration Act, 1860 and manages petitioner 2-school (petitioners shall be collectively referred to as the ‘management’).

2. Respondent 1-Mrs. Krupala Punwatkar (she shall be referred to as the ‘teacher’) was appointed as Assistant Teacher on probation on 7-11-2007. Her services were approved by the Special District Social Welfare Officer, Chandrapur.

3. The management contends that in terms of the conditions of the appointment, the teacher was obligated to reside at the Headquarter, which she failed to do despite several cautionary memos issued. Her response was that due the ill-health of her husband, she was not residing at the Headquarter. The management contends that the teacher put forth another reason not to reside at the Headquarter, to-wit her safety. The explanations were not found convincing and she was issued show cause notice dated 21-8-2010 asking her to show cause why departmental enquiry should not be initiated. The teacher was not inclined to face the enquiry and voluntarily tendered resignation on 13-10-2010 and forwarded copy thereof to the Headmaster and the Sp