RATHVA NIMISHABEN JAYANTIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner who was a Primary Teacher, once tendered her resignation letter. At a subsequent point of time, she requested the authority that resignation may not be accepted. What is prayed in this petition is to set aside order dated 23rd May, 2018 passed by respondent No.3 authority reflecting decision of acceptance of the resignation of the petitioner from the date of tendering the resignation, that is from 26th December, 2017. Petitioner has prayed further to reinstate her with continuity and all other consequential benefits.

(2.) The District Primary Education Officer, Godhra, accepted the resignation of petitioner with effect from 26th December, 2017. The petitioner had sought to resign by tendering resignation application dated 26th December, 2017 and had paid the notice pay of Rs.19,950/- on the same day, producing a challan along with the resignation.

(3.) The facts relevant to attend to the controversy may be mentioned. The petitioner was appointed as Language Teacher by order dated 29th August, 2013 in the primary section on fixed pay. The appointment was attached with the conditions mentioned in the order of appointment which inter alia stipulated that either side would be entitled to terminate the service by giving seven days notice. It appears that on 26th December, 2017 petitioner resigned by submitting her resignation to the Taluka Primary Education Officer, Halol, for the grounds mentioned for resignation in the resignation letter. Petitioner, along with resignation letter, paid notice pay of Rs.19,950/-. The Taluka Primary Education Officer forwarded resignation letter of the petitioner on 06th January, 2018 along with proposal to the District Primary Education Officer.