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IN THE HIGH COURT OF ALLAHABAD
Manjive Shukla, J.
Poornima Singh – Petitioner
Versus
State Of U.P. And Others – Respondents
WRIT - A No. - 608 of 2022
Decided On : 06-03-2024
Resignation - Assistant Teacher - Uttar Pradesh Government Servants Resignation Rules, 2000 - Rule 7 - The court discussed the withdrawal of resignation and its acceptance, citing relevant legal provisions and case laws. The court found that the petitioner had withdrawn her resignation by submitting applications on 5.2.2021 and 11.2.2021, making the order accepting her resignation on 31.3.2021 unsustainable in the eyes of the law.
Fact of the Case:
The petitioner, an Assistant Teacher, challenged the acceptance of her resignation by the District Basic Education Officer, Etah. She had submitted her resignation on 5.2.2021 but later withdrew it by submitting applications on 5.2.2021 and 11.2.2021. The court considered the submissions and evidence regarding the withdrawal of resignation.
Finding of the Court:
The court found that the petitioner had effectively withdrawn her resignation by following the procedures outlined in the Uttar Pradesh Government Servants Resignation Rules, 2000. The court also noted the relevant case laws supporting the withdrawal of resignation before its acceptance.
Issues: The main issue was the acceptance of the petitioner's resignation despite her withdrawal of the same. The court analyzed the timeline of events and the legal provisions to determine the validity of the acceptance of resignation.
Ratio Decidendi: The court's decision was based on the petitioner's compliance with Rule 7 of the Uttar Pradesh Government Servants Resignation Rules, 2000, which allows for the withdrawal of resignation before its acceptance. The court also relied on relevant case laws to support its finding.
Final Decision: The court quashed the order accepting the petitioner's resignation and directed the District Basic Education Officer to allow the petitioner to rejoin her position as an Assistant Teacher. The petitioner was also awarded 25% of the back wages for the period from the date of her resignation until the date of her reinstatement.
JUDGMENT :
1. Heard Sri Tanuj Shahi, learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondents No.1 and 3 as well as learned counsel appearing for the Respondents No.2, 4 and 5.
2. Petitioner has filed this writ petition challenging therein the order dated 31.3.2021 passed by the District Basic Education Officer, Etah whereby her resignation from the post of Assistant Teacher has been accepted.
3. Brief facts of the case are that petitioner appeared in the selection for appointment on the posts of Assistant Teachers of Junior Basic Schools run by the U.P. Basic Education Board. Petitioner was selected and thereafter was issued an appointment order on 5.12.2020. Pursuant to appointment order dated 5.12.2020, petitioner was allowed to join in the office of District Basic Education Officer, Etah and thereafter vide order dated 21.12.2020 she was directed to work on the post of Assistant Teacher in Junior Basic School Lalpur, Block Awagarh, District Etah.
4. Petitioner submitted her joining on the post of Assistant Teacher in Junior Basic School Lalpur, Block Awagarh, District Etah on 23.12.2020 and thereafter, the District Basic Education Officer, Etah passed another order on 29.1.2021 whereby petitioner was posted as Assistant Teacher in Junior Basic School Mirzapur, Block Awagarh, District Etah. Petitioner submitted her joining in Junior Basic School Mirzapur, Block Awagarh, District Etah on 3.2.2021. Petitioner being unmarried female candidate was having some difficulty to reach the aforesaid school as the same was situated at a distant place therefore, she requested the District Basic Education Officer, Etah for changing her posting to another school. Petitioner has alleged in the writ petition that instead of considering her request, one Mr. Vikrant Pratap Singh posted as clerk in the office of District Basic Education Officer, Etah provided a printed letter and affidavit to the petitioner and asked her to sign the said papers with an assurance that in the next counselling on the basis of such papers her posting may be changed.
5. Petitioner under impression given by the aforesaid Mr. Vikrant Pratap Singh signed the aforesaid letter and affidavit and submitted in the office of District Basic Education Officer, Etah on 5.2.2021. Thereafter, she realized that the contents of the letter and affidavit which she submitted on 5.2.2021 amount to her resignation from the post of Assistant Teacher.
6. Petitioner immediately after realizing her mistake submitted application on 5.2.2021 itself to the District Basic Education Officer, Etah whereby she withdrew her resignation dated 5.2.2021. Petitioner also submitted application to District Magistrate, Etah on 8.2.2021 through registered post whereby she informed about the entire case to the District Magistrate, Etah and requested him to help her out. As per online postal tracking report, the aforesaid letter dated 8.2.2021 has been delivered in the office of District Magistrate, Etah on 15.2.2021.
7. Later on, petitioner again submitted an application on 11.2.2021 to the District Basic Education Officer, Etah through registered post whereby she requested that her resignation dated 5.2.201 may not be accepted as she does not want to resign from her post. Petitioner in the application dated 11.2.2021 further stated that she was under depression and thus, tendered resignation on 5.2.2021 but now she does not intend to resign from her post. As per online postal tracking report, the aforesaid letter dated 11.2.2021 has been delivered in the office of District Basic Education Officer, Etah on 17.2.2021. The application dated 11.2.2021 and online postal tracking report have been annexed at page-34 and 35 of the writ petition.
8. Since no action was taken by the District Basic Education Officer, Etah therefore, petitioner also submitted representations to the higher authorities.
9. To the utter dismay of the petitioner, she was served the copy of the order dat
A resignation is invalid if not given with the stipulated notice under applicable rules, especially when submitted under acute mental distress.
An employee can withdraw a resignation before it becomes effective, even if accepted, as long as the employer-employee relationship persists.
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.
A resignation cannot be withdrawn after its acceptance.
An employee's resignation can be withdrawn before acceptance even if made conditionally, as long as the relationship has not been severed.
An employee cannot withdraw his resignation after it has been accepted by the employer.
A prospective resignation can be withdrawn before it becomes effective, as established by the court's interpretation of relevant legal principles.
An employee's request for voluntary retirement can be withdrawn before it takes effect, and the intention behind the request must be considered in determining its nature.
An employee's resignation is effective upon acceptance by the employer, and withdrawal must occur before acceptance; acceptance of benefits indicates cessation of employment.
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