DIRECTORATE OF EDUCATION Vs. MANISHA SHARMA

JUDGEMENT

(1.) The Directorate of Education ("DoE"), Government of NCT of Delhi has filed this writ petition challenging an order dated 14th July, 2015 passed by the Central Administrative Tribunal, Principal Bench, New Delhi ("CAT"), allowing O.A. No. 3994/2013 filed by the Respondent herein whereby it was directed that the Petitioner issue appropriate orders, accepting the Respondent's request for withdrawal of her resignation, and allowing her to resume duty. The CAT also directed that the period of interruption from the date of her resignation i.e. 9th March, 2012, till the date the Respondent resume duty, be condoned.

(2.) The background facts are that the Respondent was serving as a Post Graduate Teacher ("PGT") under the GNCTD. She decided to contest as a candidate in the elections to the Municipal Corporation of Delhi ("MCD") as Counsellor. Accordingly, she applied on 7th March, 2012 to the Petitioner, seeking to resign from the services, with effect from 9th March, 2012.

(3.) The Respondent's resignation from service was accepted by the Competent Authority ("CA") by an order dated 16th April, 2012. As it transpired, the Respondent lost election. On 18th April, 2012, she submitted a representation to the Petitioner seeking to withdraw her resignation. By an order dated 1st June, 2012, the Petitioner rejected her request.