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IN THE HIGH COURT OF DELHI AT NEW DELHI
Najmi Waziri, Vikas Mahajan, JJ.
Kulachi Hansraj Model School & Ors. – Appellants
Versus
Kirti Jain & Anr – Respondent
LPA 674 of 2019 & CM APPLs. 46543 of 2019 and 46545 of 2019
Decided On : 29-03-2023
Resignation - Employee Status - Delhi School Education Act 1973 - Rule 114A
Fact of the Case:
The respondent, a Nursery Teacher, sought revision of pay scale as per the 6th CPC, but the school did not comply. She resigned, filed a writ petition, and was reinstated by the Delhi School Tribunal. The school challenged this decision, but the LPA and SLP were dismissed, affirming the respondent's employee status. The school also filed a review petition, which was dismissed.
Finding of the Court:
The court found that the respondent's resignation was not accepted by the school, and her employer-employee relationship continued to subsist. The court also upheld the decision of the Delhi School Tribunal and the dismissal of the review petition.
Issues: Employee status, acceptance of resignation, compliance with 6th CPC recommendations, jurisdiction of the Delhi School Tribunal, and review petition
Ratio Decidendi: The court held that the resignation of the respondent was not accepted by the school, and her employer-employee relationship continued to subsist. The court also affirmed the decision of the Delhi School Tribunal and the dismissal of the review petition.
Final Decision: The appeal was dismissed, and the impugned judgment and order of the learned Single Judge were upheld.
JUDGMENT
Vikas Mahajan, J.
1. The present intra-court appeal has been preferred by the appellants against the judgment dated 24.07.2019 passed by the learned Single Judge in W.P (C) 8155/2017, whereby the writ petition filed by the appellants against the order dated 01.05.2017 passed by the Delhi School Tribunal, was dismissed. The present appeal also impugns the order dated 20.09.2019 passed by the learned Single Judge in Review Petition 384/2019, whereby the review petition filed by the appellants was also dismissed.
2. The facts relevant for deciding the present appeal as culled out from the order of the Delhi School Tribunal, wherefrom the present appeal has arisen, are that the respondent no.1 was appointed as a Nursery Teacher vide appointment letter dated 23.06.1997 in appellant no.1/ Kulachi Hansraj Model School. The respondent no.1 was confirmed on the post of Nursery Teacher vide confirmation letter dated 16.03.1999 in the appellant no.1 school with effect from 04.07.1998.
3. While the respondent no.1 was still working in the post of Nursery Teacher, the Directorate of Education (DoE) vide its circular dated 11.02.2009 directed all recognised unaided schools to implement the recommendations of the Sixth Central Pay Commission (CPC). However, the appellant no.1 school continued to pay to respondent no.1, in terms of the pre-revised scale. The respondent no.1 made several representations to the appellant no.1 school to revise her pay and payments as per the recommendations of the 6th CPC, but the school did not implement the said recommendations, as mandated by DoE's aforesaid circular.
4. In the circumstances, the respondent no.1 decided to resign from her post. She submitted her resignation letter dated 24.12.2014 to the Principal of the appellant no.1 school [Annexure-4 (colly.), page 436], followed by a legal notice dated 22.01.2015, to the school, reiterating the demand of revision of pay scale in terms of the 6th CPC. Since the controversy in the instant appeal revolves around the resignation of the respondent no.1 therefore, it would be apt to reproduce the resignation letter dated 24.12.2014.
To,
December 24, 2014
The Principal,
Kulachi Hansraj Model School,
Ashok Vihar,
Delhi-110052.
SUBJECT: RESIGNATION LETTER
(Without Prejudice)
Respected Madam,
I am writing this letter of resignation to notify you of my decision to resign from the post of Assistant Teacher of your institution.
As per School's contract of employment, I am, hereby, serving a notice period of three months starting today i.e. 26th December 2014 and ending with my resignation coming into effect on 25th March 2015. Kindly relieve me of my responsibilities as early as possible to ensure a smooth transition for the organization.
It is a matter of record that I was appointed at the school as Assistant Teacher and have been serving the school since June, 1997( though I joined the school in March 1996 as an ad hoc teacher) with utmost sincerity, devotion and honesty to the best satisfaction of everyone. I was given the due benefits as per the recommendations of the Vth Pay Commission. Thereafter, the recommendations of the VIth Pay Commission came into force w.e.f 01.01.2006. However, the benefits of the same were not extended to me despite the fact that the other employees of the School are getting the benefits as envisaged under the Recommendations made by the VIth Pay commission. I had also requested in writing as well as verbally the then Principal of Kulachi Hansraj Model School several times in the past for justice in this regard. Despite her positive assurances, nothing has happened and I have not received my dues.
Kindly clear my outstanding dues including the arrears in terms of the recommendations of VIth Pay Commission at the earliest.
Please note that this resignation letter is without prejudice to my rights to claim the arrears as per the recommendations of VIth Pay Commission and I do hereby reserve my right to approach appropriate forum/forums as
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, ....
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....
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....
The main legal point established in the judgment is that the resignation was voluntary, the sexual harassment complaint lacked nexus with the resignation, and the acceptance of the resignation severe....
The requirement of prior approval from the Education Officer for retrenchment under Rule 26 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 is mandatory, and failu....
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....
A prospective resignation can be withdrawn before it becomes effective, as established by the court's interpretation of relevant legal principles.
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