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RABINDRANATH SAMANTA
Tapati Basu – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Rabindranath Samanta, J.
1. Challenging the acceptance of the resignation of them by an educational institution namely Noble Mission of South Calcutta by its written communications dated 9th March, 2021, 29th June, 2022 and 2nd September, 2022, the petitioners have approached this Court by filing this writ petition.
2. The facts giving rise to filing of this writ petition may briefly be stated as under:
Some respectable persons established a school for disabled children under name Noble Mission of South Calcutta. The school is registered under the Societies Registration Act. Initially, this educational institution situated at premises no. 122/1/1/4A, Monoharpukur Road, Kolkata-700026. Presently, the school situates at Barakhola, Krishakpally, Mukundupur, Kolkata-700099. This institution was established to impart training to mentally retarded children.
3. The petitioners Tapati Basu and Sudipa Banerjee are the Assistant Teachers of the institution. By order dated 15th March, 2022 issued by the Joint Secretary of Mass Education Extension Department, Government of West Bengal academic recognition was sanctioned to Noble Mission of South Calcutta as an institution for handicapped
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....
A resignation is invalid if not given with the stipulated notice under applicable rules, especially when submitted under acute mental distress.
A teacher's resignation takes effect only upon approval by educational authorities under Rules 48 and 53 of Chapter XIVA KER.
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.
A resignation tendered and accepted under Rule 114A of the Delhi School Education Rules is deemed effective if not opposed within 30 days by the Director of Education, even if coercion is later claim....
The court upheld the merit-based selection process for Headmaster and ruled that accepted resignations cannot be retracted.
The main legal point established in the judgment is that a government servant can withdraw their resignation before its acceptance, as provided under Rule 7 of the Uttar Pradesh Government Servants R....
The main legal point established in the judgment is that the acceptance of an employee's resignation within a specified period is mandatory under Rule 114A of the Delhi School Education Rules, 1973, ....
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