The acceptance of resignation without prior approval in accordance with statutory provisions amounts to termination, disallowing claims for pension or benefits.

JUDGMENT :

Biraja Prasanna Satapathy, J.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel appearing for the Parties.

3. The present Writ Petition has been filed inter alia challenging the order dtd.12.01.2023 so passed by Opposite Party No.3 under Annexure-3. Vide the said order, claim of the Petitioner to get the benefit of pension and other pensionary benefits as well as arrear salary was rejected.

4. Learned counsel appearing for the Petitioner contended that Petitioner entered into service as a Hindi Teacher vide order issued by the Managing Committee of Panchayat High School, Biripali in the district of Bolangir on 25.07.1990 under Annexure-1. While so continuing, the School on being notified to receive grant-in-aid w.e.f. 01.06.1994 as per the GIA order, 1994, services of the Petitioner was approved as against the post of Hindi Teacher vide order dtd.01.11.1995 under Annexure-2. Petitioner accordingly became entitled to get the benefit of grant-in-aid w.e.f. 01.06.1994.

4.1. It is contended that while the matter stood thus, Petitioner tendered his resignation from his services on 26.03.2004 under Annexure-4 on the ground that he is willing to contest the next general assembly election of the State. Such resignation submitted by the Petitioner was also accepted by the then Inspector of School, Bolangir Circle vide his office order dtd.27.03.2004, after Petitio ner deposited one month salary in lieu of one month notice. Accordingly, Petitioner’s resignation having been accepted vide office order dtd.27.03.2004, Petitioner stands relived from his service.

4.2. It is however contended that since by the time resignation submitted by the Petitioner was so accepted by the then Inspector of School vide order dtd.27.03.2004, Petitioner was working in an aided Institution, as provided under Section-10-A of the ORISSA EDUCATION ACT , without prior approval of the Director, Secondary Education (Inspector of School being in charge of the Managing Committee) resignation of the Petitioner could not have been accepted.

4.3. It is also contended that there is no such provision for submission of resignation under The Orissa Education (Establishment, Recognition & Management of Private Junior Colleges/ Higher Secondary Schools) Rules, 1974. As provided under Rule-18 of the 1974 Rules, an employee can only be terminated by giving notice of at least 1 (one) month. Rule-18 of the 1974 Rules reads as follows:-

"18. Termination of service after notice -[ Any employee may after giving notice of at least one month relinquish his office whereupon his service shall stand terminated.]"

4.4. It is contended that since prior to completion of the period of one month in terms of the provisions contained under Rule-18 of the 1974 Rules, resignation submitted by the Petitioner on 26.03.2024 was accepted on 27.03.2024, which amounts to termination, it is not permissible under law. Not only that in absence of prior approval of the Director, resignation submitted by the Petitioner could not have been accepted vide order dtd.27.03.2004 under Annexure-5, as Petitioner was working in an aided School.

4.5. In support of his aforesaid submission, reliance was placed to a decision of this Court in the case of Sushila Tiria vs. Sri Sambhunath Nayak , reported in 1986 (I) OLR-117. This Court in Para-10 of the said judgment held as follows:-

"10. Rule-18 of the Conditions of Service Rules prove manner of relinquishment of office by an employees. It reads: the "An employee may after giving notice of at least one month relinquish his office whereupon his service shall stand terminated."

The only manner of relinquishment of service by an employee of an aided educational institution is to give noti