MANJUBALA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition relates to the controversy regarding the acceptance of the petitioner's request for voluntary retirement by the respondents even though according to her case, she had withdrawn her request before her retirement was made effective by getting her relieved from her post.

(2.) THE petitioner held the post of Headmistress in Arya Kanya Uchch Vidyalaya, Khagaria. It is an undisputed position that Arya Kanya Uchch Vidayalaya (hereinafter referred to as 'the school') is a minority institution and this fact is admitted by the petitioner, the Government authorities (respondent No. 2 and 3) and the Managing Committee of the School respondent No. 4.

(3.) COMING back to the facts of the case, according to the petitioner at this point, her circumstances changed for the better and she decided to withdraw her request for voluntary retirement, To this end she submitted an application, dated 25.10.2000 (Annexure-3) addressed to the Secretary of the School. On 27.10.2000 she submitted a similar application (Annexure-4) to the Special Director, Secondary Education, Bihar. In this connection it is to be noted that though respondent No. 3 accepts receipt of the letter (at Annexure-4) it is denied both by respondent Nos. 3 and 4 that any letter of withdrawal of the application for voluntary retirement was ever submitted by the petitioner before the Secretary/Managing Committee of the school.