Aftab Alam, J.

1. This writ petition relates to the controversy regarding the acceptance of the petitioners request for voluntary retirement by the respondents even though according to her case, she had withdrawn her request before her retirement was made effective by getting her relieved from her post.

2. The petitioner held the post of Headmistress in Arya Kanya Uchch Vidyalaya, Khagaria. It is an undisputed position that Arya Kanya Uchch Vidayalaya (hereinafter referred to as the school) is a minority institution and this fact is admitted by the petitioner, the Government authorities (respondent No. 2 and 3) and the Managing Committee of the School respondent No. 4.

3. In order to appreciate the petitioners grievance and to see whether or not she is entitled to any relief by this Court, it would be necessary to take note certain material facts and circumstances. But for this one will have to advert also to the counter-affidavit filed by respondent No. 4 because I feel constrained to observe that the petitioner has stated the facts rather selectively and all the relevant facts were not stated in the writ petition filed on her behalf.

4. The petitioner, forced by her personal circumstances, made an application dated 15.12.1999 (Annexure-P/1 to the counter-affidavit of respondent No. 4) for being allowed to take voluntary retirement w.e.f. July, 2000. Her application was considered by the Managing Committee of the School in its meeting of 18.12.1999. The minutes of the meetings are at Annexure-1 from which it appears that her request was accepted unanimously and the Secretary was directed to allow her to take voluntary retirement from service. It was further resolved by the Managing Committee that on her retirement she would be entitled to all the terminal benefit e.g. pension etc. It was, however, added that the petitioner will be relieved from service only after the decision of the Managing Committee was approved by the Department and the Secretary was asked to take necessary action for obtaining Departmental approval in that connection. On 20.5.2000 the Secretary wrote a letter (Annexure-P/2) to the District Education Officer forwarding to him the petitioners application dated 15.12.1999 and the resolution of the Managing Committee dated 18.12.1999 and making a request for the grant of approval to the decision of the Managing Committee. The D.E.O. by his letter, dated 5.6.2000 (Annexure P-3) accorded departmental approval to the decision of the Managing Committee to accept the petitioners request for voluntary retirement. He also asked for the pension papers of the petitioner, based on her service book, so that all the documents may be completed and sent to the department for appropriate action. He further gave the departmental consent for the petitioner being relieved from service of the School on July 31, 2000. On 28.7.2000 the D.E.O. also issued an office order (Annexure P-4) directing the petitioner to handover charge to the senior most teacher of the school by 5 p.m. on 31.7.2000 and further stating that she would be held responsible for failure to carry out the direction. On the following day the petitioner made an application before the Secretary of the School. In her application, a copy of which is at Annexure P/5, the petitioner stated that due to various circumstances her pension papers and other materials relating to her terminal benefits had not been completed. She, therefore, asked for some reasonable time stating that she would handover charge, after completing all her papers, by 16.8.2000. Thereafter, the Managing Committee in its meeting dated 11.8.2000 took the resolution (Annexure-2) that the petitioner could not be retired from service until payment was made of her arrear salary and other dues which remained unpaid from December, 1999.

5. The Managing Committee next met on 5.10.2000 and the minutes of that meeting are at Annexure P-7. In the meeting of 5.10.2000 the Managing Committee accepted the