The validity of a teacher's resignation must be confirmed to ensure it is voluntary, reaffirming the obligation of educational authorities to verify resignation circumstances.

J U D G M E N T

The petitioner is the manager of an aided school governed by the provisions of the Kerala Education Act & Rules (KER). This writ petition is filed challenging Ext.P7 Government Order passed in a revision petition submitted by the 6^th respondent herein. The basic dispute involved in this case pertains to the resignation of the 6^th respondent, who was working as the Lower Grade Arabic Teacher, in the school of the petitioner.

2. The facts that led to the filing of this case are as follows:- The 6^th respondent was appointed as LG Arabic Teacher in the school of the petitioner with effect from 16.07.2007 onwards. While continuing as such, she applied for half pay leave from 18.10.2021 to 28.11.2021 for going abroad. Later, she did not rejoin duty after the expiry of the said leave period, and she informed the Headmaster that she was in a foreign country and requested to extend the leave period without any formal application. Later, the 6^th respondent contacted the petitioner by phone and informed them that she was not willing to continue as a Teacher and wanted to resign from that post. Accordingly, the 6^th respondent initially submitted a communication by E-mail on 25.11.2021 which was forwarded to the AEO. However the AEO did not accept the same as the said resignation letter was incomplete. Later, Ext.P1 resignation letter was forwarded by the 6^th respondent, to the petitioner and acting upon the same, Ext.P2 proceedings were issued and the same was forwarded to the AEO. Accordingly, Ext.P3 order was issued by the AEO accepting the said resignation letter and terminating the services of the 6^th respondent.

3. According to the petitioner, after issuance of Ext.P3, Ext.P4 communication was issued by the 6^th respondent, which was addressed to the petitioner and the Headmaster, by which it was conveyed that, the resignation letter submitted by the petitioner was not voluntarily issued and it was submitted due to the compulsion of the husband of the 6^th respondent. It was further stated that, against the will and wish of the 6^th respondent, her husband compelled her to go to Yemen, and pressurized her to continue there. It was also stated that her husband was not willing to permit the 6th respondent to be employed as a teacher, and it was her husband, who against the wish of the 6^th respondent, obtained the resignation letter after getting signed by the 6^th respondent and forwarded the same to the manager. Thereafter, the 6th respondent moved to the District Education Officer by submitting an appeal against the Ext.P3 proceedings, which resulted in Ext.P5 order passed by the DEO, by which the same was rejected. As against the same, the 2^nd respondent, the Director of Education, was moved by the 6^th respondent, which culminated in Ext.P6, wherein the contentions raised by the 6^th respondent were rejected.

4. Later, a Revision Petition was submitted at the instance of the 6th respondent before the 1st respondent, which was decided as per Ext.P7, after hearing the 6^th respondent and the petitioner. In Ext. P7 order, the government set aside the orders issued by the educational authorities with a finding that, the order accepting the resignation letter of the 6^th respondent was not proper. An inquiry against the petitioner as well as two teachers who attested Ext.P1 resignation letter was also ordered in Ext.P7. This writ petition is submitted by the petitioner challenging Ext.P7 order and all further proceedings pursuant to that.

5. A detailed counter affidavit has been submitted by the 6^th respondent, denying the averments contained in the writ petition. The circumstances under which the Ext. P1 communication happened to be issued was explained in the said counter affidavit. According to the 6^th respondent, she did not issue the Ext.P1 resignation letter voluntarily. It was under compelling circumstances and at the instance of her husband. Along with the