BALARAM SAGHAN KSHETRA SAMITI Vs. KANTABEN LALJIBHAI PATEL

JUDGEMENT

(1.) We have heard Ms. Jirga D. Jhaveri, learned Counsel for the appellant and Mr. Ashok Purohit holding brief of Mr. J. C. Vyas, learned Counsel for the respondents. This Letters Patent Appeal has been filed challenging the judgment dated 4-8-2010 passed by the learned Single Judge in Special Civil Application No. 7909 of 1999.

(2.) The facts in brief are that the respondent was serving as Principal since 1978 in Stree Adhyapan Mandir, Chitrasani, Taluka Palanpur, District Banaskantha which was managed by Balaram Saghan Kshetra Samiti, the appellant. On 28-6-1999, the respondent tendered an application seeking voluntary retirement which was to take effect from 30-9-1999. The appellant sent a communication to the respondent on 29-6-1999 informing the respondent that the appellant-Trust had accepted the voluntary retirement application of the respondent in the meeting of the Trust held in Bombay before 30-9-1999. The appellant, on 27-9-1999 informed the respondent District Primary Education Officer, Gandhinagar that the respondent is withdrawing her application given on 28-6-1999 seeking voluntary retirement which was with effect from 30-9-1999 and she wants to continue in service. The letter of withdrawal was given to the District Primary Education Officer by the respondent as when she approached the appellant for accepting the letter of withdrawal of voluntary retirement, the appellant refused to accept it. Copy of the letter was sent to the appellant also. The respondent had no option, but to hand over the letter of withdrawal of voluntary retirement to the District Primary Education Officer and on 27-9-1999 and she had sent the letter of withdrawal of resignation by Registered A.D. Post. On 27-9-1999 application for withdrawal of resignation letter was also sent by Registered A.D. Post to the office of the appellant but the appellant did not accept delivery from the postal department. After withdrawing the voluntary retirement letter, the respondent went on leave and resumed duty on 4-10-1999. The respondent was prevented from signing the muster roll and she was informed that she has been relieved and her charge has been handed over to another person.

(3.) The law in this regard is well settled that if voluntary retirement application is made which is to take effect from a future date, then before that date, the acceptance cannot be advanced by the appellant and the appellant could accept it on or after 30-9-1999. Before 30-9-1999 the respondent has a legal right to withdraw her application for voluntary retirement. In the instant case, the respondents have advanced the acceptance of voluntary retirement application. As it is clear from Annexure 'B' to the writ petition which is a copy of communication signed by the Managing Trustee addressed to the respondent to the effect that the voluntary retirement application given by the respondent on 28-6-1999 is accepted on 29-6-1999, the very next date. This act of the appellant was wholly illegal and in violation of law.