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IN THE HIGH COURT OF DELHI AT NEW DELHI
TUSHAR RAO GEDELA
Guru Harkrishan Public School – Appellant
Versus
Directorate of Education – Respondent
JUDGMENT :
TUSHAR RAO GEDELA, J.
1. Present petition has been filed under Articles 226 and 227 of the Constitution of India, 1950 assailing the order dated 29.07.2015 passed by the learned Delhi School Tribunal (hereinafter referred to as ‘DST’) whereby the appeal bearing Appeal No.31/2013 filed by the respondent no.2/Sh. Babu Lal was allowed, and the office order dated 17.06.2009 vide which the promotion of respondent no.2 to the post of Office Superintendent was cancelled and acceptance of the resignation of respondent no.2 by the Sub-Committee of the petitioner school dated 26.08.2010, was set aside and the respondent no.2 was reinstated with immediate effect alongwith consequential benefits. Further, the petitioner school was directed to decide and pass a speaking order on the representation of respondent no.2 regarding back wages.
2. Briefly, the facts stated in the petition are as under:
a) It is stated that the respondent no.2 had joined the petitioner school as a Peon on 05.07.1991 and was confirmed after completing the probation in the year 1992. In the year 1996, the respondent no.2 was confirmed as an Office Assistant and was thereafter promoted to the post of UDC in the yea
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 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.
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, ....
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A prospective resignation can be withdrawn before it becomes effective, as established by the court's interpretation of relevant legal principles.
The court upheld the merit-based selection process for Headmaster and ruled that accepted resignations cannot be retracted.
A resignation is invalid if not given with the stipulated notice under applicable rules, especially when submitted under acute mental distress.
The main legal point established in the judgment is the mandatory requirements of Section 7 of the Act of 1977 and Rule 40 of the Rules of 1981 in the context of resignation letters, and the court's ....
Resignation – As per Service Jurisprudence, employment is terminated from the date on which letter of resignation is accepted by appropriate authority – Resignation would be effective on its acceptan....
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