SHAM SUNDER TEACHER Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) PETITIONER , after putting in about 12 years of service as a Teacher in D. A. V. Higher Secondary School, Shahbad Markanda (Haryana), which is an aided School, submitted his resignation on August 13, 1984, vide letter Annexure P-1, which reads as under : "due to unavoidable domestic circumstances I am compelled not to serve here more. You are, therefore, requested to accept my resignation and relieve me according to the norms laid down by the Education Department of Haryana. " However, he withdraw his resignation vide letter dated August 21, 1984, Annexure P-2, which reads as under :

(2.) BY way of a Misc. application, the respondent has brought on record a certificate issued by the Principal, B. D. S. Senior Secondary School, Ambala Cantt. showing that the petitioner is in employment of the said School since January 1, 1986. Learned counsel for the petitioner is not denying the fact that the petitioner is in employment from the aforesaid date in the said School.

(3.) LEARNED counsel for the respondent, however, argued that the management had the right to accept the resignation any time and condition No. 2 of appendix B would not be applicable to the case of the petitioner.