CORRESPONDENT Vs. S.SOPHI SHAVRIN AASHICKA

JUDGEMENT

(1.) These Writ Appeals are directed against the order dated 02.02.2018 in W.P.(MD)No.21250 of 2015 passed by the Learned Single Judge.

(2.) The brief facts, which are necessary for disposal of these Writ Appeals, are as follows: The first respondent / Writ petitioner joined as a Christian Nun in the Congregation of Bon Secours, Trichy during the year 1997. On 17.01.2001, she was appointed as Secondary Grade Teacher in Infant Jesus Girls High School, Thuvakudimalai, Trichy and the said appointment was approved by District Elementary Educational Officer, Trichy. Thereafter, the first respondent / Writ petitioner was transferred to various schools run by the Congregation and ultimately, on 29.03.2014, she was transferred to the first appellant's school, namely, R.C.Primary School, Chemparuthivillai, Kanyakumari District. It appears that due to various reasons and family circumstances, the first respondent / Writ petitioner intended to relive herself as a Nun. It is stated that on that content, the superiors of the Congregation have obtained the signature of the first respondent / Writ petitioner in various blank papers. Thereafter, when the first respondent / Writ petitioner went to the first appellant's school to discharge her duties as Secondary Grade Teacher, she was not permitted to do so. It is stated by the first respondent that the Superiors of the Congregation, using the signatures obtained from her in blank papers, have manipulated a resignation letter and handed over the letter to the Correspondent of the school, who in turn forwarded the same to the District Elementary Educational Officer. It is the specific case of the first respondent that she had no intention to resign from the teaching post and the letter of resignation was given by her. Thereafter, on 11.11.2015 the first respondent / Writ petitioner submitted a representation to the respondents concerned not to accept the resignation letter alleged to have been submitted by her. The first respondent / Writ petitioner has filed the Writ petition in W.P.(MD)No.21250 of 2015 for issuing a Writ of Mandamus, directing the respondents not to accept the resignation letter alleged to have been submitted by her and to permit her to work as Secondary Grade Teacher in the first appellant's school.

(3.) The contention of the first respondent / Writ petitioner in the Writ petition is that the alleged resignation letter dated 04.06.2015 was not submitted to the appellants / school at any point of time. It is also stated that the letter was manipulated by the superiors of the Congregation by getting her signature in the blank papers earlier. It is further contended that as per Rule 17-A of the Tamil Nadu Recognized Private Schools (Regulation) Rules, 1974 (herein after called 'the Rules"), if a teacher in a private school intend to resign the said post, such teacher has to submit the resignation in writing to the District Educational Officer by registered post with acknowledgement due. It is contended that the resignation letter of the first respondent / Writ petitioner, which was not supposed to be submitted to the appellants / school management and which was not supposed to be proceeded for approval without a confirmation from the respondent, has been accepted. It is also contended that as per the said Rules, before passing orders to approve the resignation of the first respondent on the request of the appellants / Management, the educational authorities shall confirm the fact as to whether the first respondent herself had given the said resignation or not.