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1995 Supreme(Mad) 327

JAYASIMHA BABU
S. David – Appellant
Versus
St. Gabriels Higher Secondary School, Madras & Others – Respondent


Advocates:
R.Gandhi, Senior Counsel, for M/s.N.Paul Vasanthakumar, K. Ravichandra Babu and T.S. Sivagnanam, for Petitioner. Muthappa. for Respondent No.
1. Ms.V.J.Latha. Government Advocate, for Respondents No.s.2 and 3.

Judgment :-

Jayasimha Babu, J.

1. The petitioner was employed as a teacher in the services of the first respondent school. He submitted a letter on 21-10-1994 to the school authorities stating that on account of his physical weakness, he was unable to continue in service as a physical Education Teacher in the School and that therefore he may be permitted to go on voluntary retirement with effect from 31-1-1995. The said request of the petitioner was accepted by the first respondent school Authorities as could be seen from the letter dated 22-10-1994 sent by the Correspondent of the first respondent to the petitioner, wherein it was stated that

".... we accept your request for voluntary retirement with effect from 31-1-1995 ..." *

Before 31st January, 1995 arrived, the petitioner changed his mind and he again wrote a letter on 21-12-1994 to the school authorities (first respondent) stating that he recovered from his illness and regained his lost strength, that he is physically and medically fit enough to do his work at school effectively and that therefore he may be permitted to withdraw his earlier application seeking voluntary retirement with immediate effect. This letter dated 21











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