P P SOSAMMA Vs. MANAGER CUM HEAD MISTRESS

JUDGEMENT

(1.) This case presents the question whether a letter of voluntary retirement could be withdrawn even if no approval was granted for its withdrawal before it has come into effect.

(2.) Petitioner is the appellant before us. She is a permanent teacher in the L. P. School, Parpacode, Ernakulam District, an aided school owned and managed by the staff of the school. First respondent represents the Manager cum Headmistress of the school. Petitioner has bee working as P. D. Teacher since 1964 and was the seniormost teacher eligible to be appointed as Headmistress of the school. Due to health reasons she decided to relinquish her claim in favour of the first respondent. Petitioner's date of birth is 6th May 1946 and she is due to retire on superannuation on 31st May, 2001.

(3.) Petitioner due to health problems had to take leave intermittently. This was objected to by the first respondent. She later applied for leave to the first respondent on 25th February 2000 for a period of six months with effect from 4th October 1999 to 24th March 2000 and submitted an application for voluntary retirement expressing her desire to retire from service with effect from 1st August 2000. She also requested the first respondent to make all arrangements for disbursement of her pensionary benefits. Petitioner on expiry of leave period joined duty on 25th March 2000. She noticed that no action was taken for forwarding her pension papers to the second respondent till last week of June 2000. No sanction was also accorded by the second respondent on her request for voluntary retirement till 10th July 2000. Under such circumstances she decided to withdraw her application for voluntary retirement before it has come into effect i.e., on 1st August 2000. She submitted the notice for withdrawal on 11th July 2000 to the first respondent with advance copy to the second respondent.