R K GUPTA Vs. DELHI PUBLIC SCHOOL SOCIETY

JUDGEMENT

(1.) THE present appeal has impugned the judgment and decree dated 05.09.2009 which had endorsed the findings of the trial Judge dated 24.08.2006 whereby the suit filed by the plaintiff Sh. R.K. Gupta seeking a declaration and injunction against the defendant i.e. Delhi Public School Society to the effect that the resignation which he had tendered on 31.07.1993 could not have been acted upon in view of the fact that it had not been validly accepted by the defendant had been dismissed.

(2.) THE plaintiff was working as a Principal in Delhi Public School, Vindhyanchal. Vide his letter dated 31.07.1993 (admitted document) he had tendered his resignation. On 31.08.1993, he had written a letter to the Principal handing over the school documents and keys of the flat which were under his occupation as an employee of the defendant. THE letter specifically states that one briefcase, three files, stamp, amendment in the affiliation of the bye-laws and a counter foil of the cheque book are being handed over and the same be acknowledged. On 10.09.1993, he again wrote to the school for release of his salary and his provident fund. On 30.09.1993, a letter was again written by the plaintiff to the defendant reminding them that his dues be paid to him. All these documents are admitted documents. THE contention of the defendant was that the plaintiff had himself acted upon the resignation and could not subsequently vide order dated 16.10.1995 go back on this resignation. Even otherwise, the suit had been filed in the year 1998 challenging the resignation tendered by him on 31.07.1993 was time barred.

(3.) THESE findings were endorsed in the impugned judgment by the first appellate Court.