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IN THE HIGH COURT OF ALLAHABAD
MANJIVE SHUKLA, J.
Chandra Shekhar Yadav - Petitioner
Versus
State of U.P. and Another - Respondent
WRIT - A NO. - 13147 OF 2023.
Decided On : 21-12-2023
| Table of Content |
|---|
| 1. acceptance of resignation under mental distress. (Para 2 , 3) |
| 2. resignation not voluntary due to mental condition. (Para 4) |
JUDGMENT
Manjive Shukla, J.
Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondent No. 1 and learned counsel appearing for the Respondent No. 2.
2. Petitioner through this writ petition has assailed the order dated 20.10.2021 passed by the District Basic Education Officer, Prayagraj, whereby resignation tendered by the petitioner from service on 20.09.2021 has been accepted with effect from 20.09.2021.
3. Facts of the case, in brief, are that petitioner was appointed on the post of Assistant Teacher in Primary School Fulatra, Block Shankargarh, District Prayagraj vide appointment order dated 27.06.2009. Petitioner pursuant to his appointment, continued to work on his post of Assistant Teacher. Petitioner while working on the post of Assistant Teacher in Primary School Surbal Chandpuria, Block Shankargarh, District Prayagraj submitted a letter to District Basic Education Officer, Prayagraj, whereby he tendered resignation from service. Petitioner's resignation dated 20.09.2021 has been accepted by the appointing authority of the post of Assistant Teacher i.e. District Basic Education Officer, Prayagraj vide order dated 20.10.2021, wherein it has been stated that petitioner's resignation is being accepted with effect from 20.09.2021.
4. Learned counsel appearing for the petitioner has contended that petitioner at the time of tendering resignation from service i.e. on 20.09.2021 was not in a fit mental condition and has tendered resignation in acute depression, therefore, the said resignation cannot be termed as voluntary resignation. It has further been contended that petitioner tendered resignation on 20.09.2021 and that was a time when entire world was facing accute difficulties arising out of COVID-19 pandemic. Since petitioner's cousins died in COVID-19 pandemic and his wife was seriously ill and further his father was ailing, as such, petitioner was under acute mental depression and therefore, he tendered resignation from service on 20.09.2021.
Resignation must be voluntary and given in a fit mental state, particularly when influenced by personal crises like the COVID-19 pandemic.
A resignation is invalid if not given with the stipulated notice under applicable rules, especially when submitted under acute mental distress.
A resignation is ineffective if not tendered in person to the appropriate authority and processed according to specific statutory requirements.
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.
The mandatory nature of Sec. 7 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and the burden on the management to demonstrate the voluntary nature of a ....
The mandatory nature of statutory provisions, such as Section 7 and Rule 40, must be upheld, and the burden of demonstrating the voluntary nature of a resignation lies with the management.
An employee can withdraw a resignation before it becomes effective, even if accepted, as long as the employer-employee relationship persists.
Non-communication of acceptance of resignation does not invalidate the resignation, and the resignation becomes effective on its acceptance, even if the acceptance is not communicated, as long as the....
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