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SANDEEP V. MARNE
Vijaykumar Raosaheb Kulkarni – Appellant
Versus
Rasta Peth Education Society – Respondent
JUDGMENT/ORDER
1. Rule. Rule is made returnable forthwith. With the consent of the learned counsels appearing for the parties, petition is taken up for final hearing.
2. By this petition, Petitioner challenges judgment and order dtd. 20/4/2022 passed by the Presiding Officer, School Tribunal, Pune dismissing Appeal No.29 of 2020. The appeal was filed by Petitioner challenging what he described as 'oral otherwise termination order' dtd. 2/12/2020. It was Petitioner's grievance before the Tribunal that he had withdrawn the application for 'voluntary retirement', but he was still terminated from service on the basis of decision of the School Management to accept the 'resignation'. Petitioner's application for 'voluntary retirement' is thus treated as 'resignation' and by accepting the same, his services are terminated.
3. Facts of the case are that Petitioner was appointed as Assistant Teacher in Vidhyarthi Vikas High School, Bopkhel, Pune run and managed by Yogeshwar Education Society, Sangvi on 1/6/1997. The said secondary school was recognized 100% aided school and the Education Officer (Secondary) Zilla Parishad, Pune had granted approval to Petitioner's appointment on 23/11/2004. Du
An employee's request for voluntary retirement can be withdrawn before it takes effect, and the intention behind the request must be considered in determining its nature.
An employee cannot withdraw his resignation after it has been accepted by the employer.
The main legal point established in the judgment is that a teacher's resignation should be made voluntarily, and if the employee withdraws such resignation, it is duly entitled to do so.
Voluntary retirement requires explicit acceptance from the appointing authority and cannot be deemed effective solely based on a lack of response.
An employee if has attained the age of 50 years and has spent 20 years of service, he would be entitled to seek voluntary retirement and so consequential benefits
An employee has the right to withdraw the proposal for voluntary retirement before the jural relationship of employee and employer comes to an end.
Non-communication of acceptance of resignation does not invalidate the resignation, and the resignation becomes effective on its acceptance, even if the acceptance is not communicated, as long as the....
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