HYDERALI Vs. STATE OF KERALA

JUDGEMENT

(1.) Common question arises in these appeals. The question is when can a letter of resignation be validly withdrawn and what are the legal consequences flows from its withdrawal.

(2.) We deal with the facts as available in O. P. No. 16993 of 1999 against which W.A. No. 65 of 2001 was filed by the Manager. Fifth respondent, V.V. Ditto, was working as Assistant Teacher in the A. M. U. P. School, Vettom, Tirur. He was appointed as trained Graduate Teacher (U. P. School) on 5.8.1993 and his appointment was approved. He tendered a letter of resignation for personal reasons on 31.5.1996 before the Manager. Even though the letter of resignation bears the date 1.5.1996 it was actually submitted on 1.6.1996. Manager accepted the resignation on 1.6.1996 and forwarded the same on 3.6.1996 to the Assistant Educational Officer for approval. On 3.6.1996 Ditto applied for half pay leave for 13 days and casual leave for 10 days which was received by the Headmaster on 15.6.1996. On the same day he submitted a representation withdrawing his resignation as well. The Manager forwarded the letter of withdrawal of resignation also to the Assistant Educational Officer. On 25.7.1996 Ditto intimated the Assistant Educational Officer, Tirur of his withdrawal of resignation and sought a direction to the Headmaster to permit him to sign the attendance register and join duty. The Assistant Educational Officer did not accede to the said request and accepted the resignation on 2.11.1996.

(3.) Petitioner in O. P. No. 8400 of 2000 who is the appellant in W.A. No. 3364 of 2000 was appointed as Lower Primary School Assistant in the same school on 1.7.1998 in a retirement vacancy. That appointment was approved by the educational authorities. He is the junior most teacher in the school. Apprehension of the teacher is that if Ditto is allowed to join duty after accepting his withdrawal of resignation he will be thrown out from the school. He therefore sought a writ of mandamus directing the respondents not to terminate his service pursuant to Government Order dated 10.6.1999.