ANANDRAO DHONDIBA KANDALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. WITH the consent of the learned Counsel for the parties, rule made returnable forthwith. Learned Counsel for the respondents waive service. The petitioner has challenged the orders contained in letters dated December 15, 1989 and September 7, 1993 issued by Joint Secretary, Rayat Shikshan Sanstha, Satara, in this petition under Article 226 of the Constitution.

(2.) FACTS first : new English School, Kawathe, Yamai, Taluka Shirur, District Pune, (hereinafter referred as "the School") is managed by Rayat Shikshan Sanstha, (hereinafter referred to as "the Sanstha" ). The School is a Government recognised and aided secondary school receiving aid from the State of Maharashtra. The petitioner joined the service of the School as a part time Clerk with effect from June 16, 1968 and as a full time Clerk with effect from March 1, 1969. The petitioner wrote a letter dated September 9, 1989 to the Secretary of the Sanstha saying that he had completed more than 20 years (20 years and 6 months) of continuous service with the School and wished to take voluntary retirement from service from December 12, 1989 as per the Government Resolution No. PEN/1078/1005/ (2605) Secondary Edu. 6, dated September 9, 1988. It was further stated in the letter that 3 months notice was being served and he be allowed to take voluntary retirement from December 12, 1989. The petitioner addressed another letter to the Joint Secretary of the Sanstha on September 12, 1989 in which he stated that he was suffering from spondylitis and he had made repeated requests to assign him some other work but the request was not acceded to and requested that he be relieved from service from December 12, 1989. The Sanstha wrote a letter dated December 15, 1989 to the petitioner intimating him that his letter of resignation dated September 12, 1989 was received and his resignation was accepted with effect from December 13, 1981 (sic ). The letter further says that the resignation was accepted subject to certain conditions mentioned therein. The letter is in Marathi script and the English translation of the relevant portion reads thus :

(3.) THE solitary question that arises for determination is whether the petitioner has resigned from service or has sought voluntary retirement in terms of the Government Resolution dated September 9, 1988. English translation of the petitioners letter dated September 9, 1989 by which he sought voluntary retirement reads thus :---