Writ petition filed by Professor allowed.

S. Nainar Sundaram, J.

1. The petitioner was in the employ as a Professor of Education of Annammal Training College for Women, Tuticorin, hereinafter referred to as 'the College' of which the third respondent was the Secretary and Correspondent. The allegation put against the petitioner was that at the staff meeting held on 5.2.1977, she orally resigned her job making it effective from 31.3.1977. On 5.3.1977, the third respondent wrote to the petitioner as follows:

In the staff meeting held on 5.2.1977 Saturday, at 12.30 P.M. you resigned your job and went out and once again came in and qualified it that the resignation will be effective from 31.3.1977. After due consideration, I have decided to accept your resignation. I waited all these days for your written resignation but I did not receive it. So please send your resignation in writing forthwith.

On 7.3.1977, the petitioner wrote back to the third respondent in the following terms:

I am in receipt of your letter dated 5.3.1977. Kindly excuse me for the statement I had made during the Staff meeting on 5.2.1977. After the meeting till now I was feeling apologitic for the statements I had made during the staff meeting. Please pardon me and keep me as one of your staff. If you wish I am ready to ask pardon in front of all the staff who had wounded you by her thoughtless wordings. I consider you as my father and I once again beg pardon and ask you to retain me as your staff.

On 18.3.1977, the third respondent addressed a communication to the petitioner as follows:

Further, to the two letters referred to above I have to inform you that you will be relieved from your services, as from the afternoon of 31st March, 1977 as your resignation has already been accepted.

You will be entitled for the vacation salary, subject to recovery if any as per the three memos issued to you by the Principal.

On 28.3.1977, the petitioner wrote a communication to the President, Managing Committee of the College, the contents of which run as follows:

With reference to your letter dated 18th March relieving me from my service from the afternoon of 31st March, I wish to state the following facts and request you to reconsider the same. At the staff meeting held on 5th Feb., in the presence of the Correspondent, I was mentally excited in the course of a discussion on academic issues and might have made some remarks without being fully conscious of their significance or implications. I recovered from the mental upset within a week and resumed my duties in the college with the usual vigor and zeal.

Only after receiving correspondent's letter on the 5th March directing me to submit in writing my resignation, I had orally made at the staff meeting, I understood the seriousness of the situation and I immediately tendered an apology to the respondent for the remarks I made at the staff meeting and even added that I was prepared to offer the apology in front of the staff. I never really intended to resign my job.

Having stated these facts, kindly permit me to bring to your kind notice, that I have worked in our college for 14 years. 10 years as lecturer in physical science and 4 years as professor of education. All the 14 years I was taking Educational Psychology. This year I took Educational Philosophy also. I am married and I have four children who are being educated in the local English Medium Schools. My husband who is not a Ceylon citizen is obliged to return to India and he is expected to arrive here shortly. He will naturally be unemployed and I have to look after him also. How far I have efficiently served our institution all these years, may be gauged from the results.

I wish to state further that by God's race I am at present enjoying normal health of body and mind and I can very well continue to perform my duties in the college with all zeal with which I have been doing all these years. My husband will soon be at my side and take over the responsibility of running my house.

In view of these facts and circumst