SAVITRI DEVI Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THE petitioner has approached this Court by invoking the extraordinary provisions of Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to permit her to join the service back in the School, i.e., Government Senior Secondary School (Boys), Manesar (Gurgaon).

(2.) IT has been stated in the petition that the petitioner was appointed as S.S.T. Mistress on 18.12.2004 at Government Senior Secondary School, Bajghera (Gurgaon) and worked there from 2004 to 2006 and thereafter she was transferred to Government Middle School, Sunari (Mewat) and lastly at Government Senior Secondary School (Boys), Manesar (Gurgaon) and had worked there with utmost sincerity, dedication, much less, devotion. The petitioner was working as a Trained Graduate Teacher in the aforementioned School.

(3.) THE elections were held on 15.4.2012 and it has been stated that the petitioner lost the election and thereafter submitted an application dated 19.4.2012 (Annexure P -4) for withdrawal of her resignation. As per the pleadings culled out in the petition, the petitioner did not receive any order/intimation regarding acceptance of her resignation submitted on 13.3.2012, much less, by the time when she submitted an application for withdrawal of the resignation, i.e., on 19.4.2012. Thereafter, a letter had been written to the Director Elementary Education, Panchkula by the District Primary Education Officer, Gurgaon in this regard, but no action was taken. However, vide letter dated 1.5.2012 (Annexure P -7), the petitioner received a communication from the office of the Director Elementary Education, Haryana, Panchkula that the resignation tendered by the petitioner had been accepted from the same date, i.e., 13.3.2012 subject to depositing one month salary by her. It is pertinent to mention here that at the time of submission of resignation, the petitioner had also deposited one month salary, i.e., Rs. 30,958/ -.