SHAIL MODI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal is directed against an order passed by the learned Single Judge on 25.12016, whereby the writ petition, challenging an order dated 29.12.2012 whereby the appellant was communicated that her resignation submitted on 2.7.2012 stands accepted therefore, her withdrawal of resignation cannot be considered.

(2.) Learned counsel for the appellant submitted that resignation was submitted on 7.2012, when the same was given to the Principal of the school. It is thereafter, the appellant sought to withdraw her resignation by communication dated 23.10.201 The appellant reiterated her request on 17.12012 by submitting a request to the Collector, District - Khandwa. It is in pursuance to the said communications, the school informed the appellant on 29.12012 that her resignation was accepted soon after it was submitted and her salary was stopped. It is thereafter, the appellant was formally informed about the decision on the resignation on 10.1201

(3.) Learned Single Judge dismissed the writ petition challenging the action of not permitting the appellant to withdraw her resignation on the ground that unilateral resignation does not require any acceptance. For such principle, the Court relied upon the judgments of Supreme Court in the cases of Moti Ram Vs. Param Dev - (1993) 2 SCC 725, Prabha Atri (Dr.) Vs. State of U.P. - (2003) 1 SCC 701; Shrikantha S. M. Vs. Bharath Earth Movers Ltd. - (2005) 8 SCC 314; Union of India Vs. Gopal Chandra Mishra - (1978) 2 SCC 301 and judgment in the case of Sitaram Jivyabhai Gavali Vs. Ramjibhai Potiyabhai Mahala and others - (1987) 2 SCC 262.