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2001 Supreme(Ker) 78

K.S.RADHAKRISHNAN, G.SASIDHARAN
Hyderali – Appellant
Versus
State of Kerala – Respondent


Judgment :-

K.S. Radhakrishnan, J.

Common question arises in these appeals. The question is when can a letter of resignation be validly withdrawn and what are the legal consequences flows from its withdrawal.

2. We deal with the facts as available in O.P. No. 16993 of 1999 against which W.A. No. 65 of 2001 was filed by the Manager. Fifth respondent, V.V. Ditto, was working as Assistant Teacher in the A.M.U.P. School, Vettom, Tirur. He was appointed as trained Graduate Teacher (U.P. school) on 5.8.1993 and his appointment was approved. He tendered a letter of resignation for personal reasons on 31.5.1996 before the Manager. Even though the letter of resignation bears the date 1.5.1996 it was actually submitted on 1.6.1996. Manager accepted the resignation on 1.6.1996 and forwarded the same on 3.6.1996 to the Assistant Educational Officer for approval. On 3.6.1996 Ditto applied for half pay leave for 13 days and casual leave for 10 days which was received by the Headmaster on 15.6.1996. On the same day he submitted a representation withdrawing his resignation as well. The Manager forwarded the letter of withdrawal of resignation also to the Assistant Educational Officer. On 25.7.1996 D






























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