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VIJU ABRAHAM
Anu Joseph – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
The above writ petition is filed challenging Exts.P13 and P15 orders and for a further
direction to respondents 1 to 5 to permit the petitioner to continue as LPSA without any interruption with effect from 01.06.2017 with all consequential benefits.
2. The petitioner was working as LPSA in the school under the management of 4th respondent corporate educational agency. She was a nun attached to the Congregation of the Mother of Carmel (CMC). Due to personal reasons, she requested to dispense her from religious vows and obligations and her request was accepted by the church authorities as is evident from Ext.P1 Rescript dated 07.06.2017. Petitioner who was fully qualified, was appointed as LPSA as per Ext.P2 order of appointment dated 01.06.2015 and the same was duly approved by the 3rd respondent Assistant Educational Officer as per order dated 09.01.2017. It is the contention of the petitioner that her salary and allowances were being collected by the 4th respondent and the petitioner was unaware about the salary and allowances being paid into the account created in her name. A perusal of Ext.P3 duplicate pass book issued by the Agaly branch of the State Bank of India revea
The validity of a teacher's resignation must be confirmed to ensure it is voluntary, reaffirming the obligation of educational authorities to verify resignation circumstances.
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 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 that a teacher's resignation should be made voluntarily, and if the employee withdraws such resignation, it is duly entitled to do so.
The mandatory nature of Sec. 7 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and the burden on the management to demonstrate the voluntary nature of a ....
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 mandatory nature of statutory provisions, such as Section 7 and Rule 40, must be upheld, and the burden of demonstrating the voluntary nature of a resignation lies with the management.
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