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MANJIVE SHUKLA
Poornima Singh – Appellant
Versus
State Of U. P. – Respondent
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
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A resignation cannot be withdrawn after its acceptance.
An employee's resignation can be withdrawn before acceptance even if made conditionally, as long as the relationship has not been severed.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A prospective resignation can be withdrawn before it becomes effective, as established by the court's interpretation of relevant legal principles.
An employee's request for voluntary retirement can be withdrawn before it takes effect, and the intention behind the request must be considered in determining its nature.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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