R. RAMASUBRAMANIAN Vs. SECRETARY GURU GNANA SAMBANDAR HINDU

JUDGEMENT

(1.) Challenge in this writ petition is against the order passed by the second respondent dated 4.6.2013 and consequently for a direction to the respondents to accept the withdrawal of the resignation submitted by the petitioner dated 30.6.2011, 7.2.2013 and 25.4.2013 and permit him to resume duty as Physical Education Teacher in the first respondent school.

(2.) The case of the petitioner is as follows:-

(3.) As per Rule 17 of the Tamil Nadu Recognised Private Schools (Regulation) Rules, while tendering the resignation to the appointing authority, the Teacher has to inform the same to the Educational Authority by registered post. But the petitioner has not done so since it was not voluntary. Therefore, the official respondents did not act on the proposal sent by the first respondent. After 8.11.2010, the petitioner was not allowed to attend the school and in the attendance register he has been marked absent from 9.11.2010 onwards. The third respondent through his proceedings dated 15.3.2011 issued a letter to the petitioner to appear for an enquiry on 31.3.2011. The petitioner appeared before the third respondent and explained the circumstances and further expressed his willingness to withdraw his resignation. The petitioner submitted a representation on 30.6.2011 addressing the third respondent to allow him to resume duty at the first respondent institution. The second respondent directed the petitioner to appear for an enquiry on 9.1.2013. But the enquiry was postponed to 7.2.2013 on which date the petitioner appeared and gave a written representation and also expressed his willingness to rejoin duty. The petitioner's representation was forwarded to the first respondent so as to consider his request to resume duty. However, the said request was refused by the first respondent by passing a resolution on 11.3.2013. The first respondent sought for approval of the resignation of the petitioner from the third respondent. In the meantime, the petitioner sent a letter on 25.4.2013 to the first respondent for withdrawal of his resignation and the same was rejected by the first respondent on 4.6.2013. The said communication of the first respondent dated 4.6.2013 is impugned in this writ petition.