KANTABEN LALJIBHAI PATEL Vs. DIRECTOR OF PRIMARY EDUCATION

JUDGEMENT

(1.) The petitioner has challenged by this petition the action of the respondents in treating the petitioner as having voluntarily retired. The petitioner has claimed the following substantive relief:-

(2.) The undisputed facts are that the petitioner is serving in an educational institution named Stree Adhyapan Mandir, Chitrasani run by respondent no.3 herein as a Principal since 1978. Vide letter dated 28th June, 1999, the petitioner tendered an application seeking voluntary retirement with effect from 30th September, 1999. The petitioner received a communication dated 29th June, 1999 informing the petitioner that respondent no.3 Trust had accepted, in the meeting of the trust held at Bombay, the application. It is the case of the petitioner that the retirement was to take effect from 30th September, 1999 but before that date, the petitioner had, vide letter dated 27th September, 1999, informed respondent no.1 that the petitioner is withdrawing her application voluntarily.

(3.) Though there are various averments in the petition as to when the petitioner went to the office of respondent no.3 trust to tender the withdrawal application, the said letter was not accepted and, therefore, the petitioner was constrained to send the letter by Registered A.D. on 28th September, 1999 but the office of respondent no.3 trust did not accept the delivery from the postal department it is not necessary to discuss the same. It appears that subsequently the petitioner went on leave on 29th September, 1999 for a period of 2 days and when the petitioner wanted to resume duty on 04th October, 1999, the petitioner was prevented from signing the muster roll after being informed that the petitioner had already been relieved and the charge had been handed over to another person. It is also averred that on 30th September, 1999, the petitioner was informed that the application for voluntary retirement had been accepted and the letter was also affixed at the residential house of the petitioner which was closed at the relevant point of time.