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MANJIVE SHUKLA
Chandra Shekhar Yadav – Appellant
Versus
State of U. P. – Respondent
| 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
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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