TaxTMI 
TaxTMI 
2007 (9) TMI 694
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....inst him. He tendered his resignation purported to be on the ground of having some domestic problems. The said letter of resignation reads thus: Because of some urgent and serious domestic problems it is difficult for me to continue serving the school. I request you to kindly accept this my letter of resignation. Since my circumstances require me to take such a major step, I request your indulgence in making my situation somewhat easier by acceding to my following requests: (A) My gratuity and other dues including earned leave may be encashed and disbursed quickly. (B) The privilege of students that my children have enjoyed in Modern School at no cost to me may be continued. (C) My association with the school particularly through my books being used by the middle school for Sanskrit may be continued. (D) In case my benefit accrues to me for the past period on account of revision of salaries arriving out of the pay commission or the school management, the same may be granted to me in the due course. (E) Any fallout of my domestic problems and any attempts to malign me may please be ignored and not be allowed to effect up....
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....ated 18.03.1997, a letter of the Director of Education regarding procedure for compliance of Rule 114(a) of Delhi School Education Rules 1973 as also a telegram dated 14. 5.1997 contended that acceptance of his offer of resignation was illegal and invalid. The Education Officer of the Government of Delhi also contended that the fact that the First Respondent had withdrawn his resignation on 18.3.1997 was not brought to the notice of the Managing Committee and the purported resolution adopted by it through circulation was not in accordance with law. Appellant was, therefore, advised to hold the meeting of the Managing Committee in future in accordance with the directions of the Department. Purported refusal to accord approval by the State was resented to by the appellant herein in terms of letter dated 26.06.1997 addressed to the Education Officer, Directorate of Education, stating: We are surprised that our letter seeking approval of the resignation of Shri S.P. Sharma which was dated 19.3.1997 has been acknowledged by you on 17.6.1997. We are unable to appreciate the reason for this delay. We are surprised to note that you have purported not to accord approval fo....
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....s to some other correspondence and not that of the particular letter stated to have been submitted by the Respondent No. 4 under the said number. It is interesting to note that the said entry is of one Shri C.S. Sharma which is also dated 18.3.1997 and the petitioner is seeking to take advantage of the said entry because of similarity in the surname. Besides, the previous day the teacher submitted his resignation giving urgent and serious domestic problems as the reason for submitting the resignation and on the very next day he allegedly submitted another application withdrawing the letter of resignation stating that his domestic problems which forced him to take a drastic step like submitting a resignation had been solved overnight. It appears that the said letter is made out by the Respondent No. 4 in order to show that he had withdrawn the resignation letter even before it was accepted by the Principal. By that he also could persuade the Director of Education not to accord approval to the acceptance of the resignation which is established from the letter of the Director of Education dated 17.6.1997. 10. Aggrieved by and dissatisfied with the said order dated 01.04.2003 passed....
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....ce must be preceded by the approval of the Director in this behalf. Proviso appended to Section 114A of the Act, however, raises a legal fiction that in the event no approval is received within the period of 30 days, the same would be deemed to have been received. 14. It is neither in doubt nor in dispute that legalities apart, the Managing Committee of the appellant-School accepted the resignation submitted by the First Respondent on 19.03.1997. Acceptance of the said resignation was, however, subject to the approval of the Director of Education. It is not in dispute that the Director of Education did not communicate his decision in regard to approval or refusal thereof within a period of 30 days from the date of receipt of the said letter and in that view of the matter, subject of course to the withdrawal of the resignation by the concerned employee, the approval would be deemed to have been accorded. 15. Two principal questions, therefore, arise for our consideration herein namely, (i) whether the First Respondent has legally withdrawn his letter of resignation; and (ii) whether the First Respondent could withdraw his resignation prior to 16.06.1997. 16. Resignation sub....
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.... his resignation before it is accepted. There is no doubt whatsoever that the Director of Education acted in terms of the representation made by the First Respondent that he had withdrawn his resignation. If the same was factually incorrect, the said authority was obligated in law to communicate his decision to the school authority within a period of 30 days from the date of communication of the letter of the First Respondent. 19. The decision of this Court in Srikantha S.M. (supra), in view of the factual situation obtaining in the instant case, cannot be said to have any application whatsoever. In that case even after the purported acceptance of the resignation of the appellant, he had been granted casual leave from 05.01.1993 to 13.01.1993 and was informed that he would be relieved after office hours on 15.01.1993. In the aforementioned fact situation obtaining therein, this Court opined: 26. On the basis of the above decisions, in our opinion, the learned Counsel for the appellant is right in contending that though the respondent- Company had accepted the resignation of the appellant on 4.1.1993 and was ordered to be relieved on that day, by a subsequent letter, he ....