ROOP KANWAR MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS review petition has been prefered against the order dated 18th Nov., 1996 whereby the petitioner has sought to challenge the aforesaid order on the ground inter alia that as per the case canvassed on behalf of the Management of the respondent - School, the petitioner had tendered her resignation from the post of Teacher Grade III with effect from 28th April, 1992 (Annex. R/3 on the record) which was accepted with effect from 30.4.1992 (Annex.R/4) made effective with effect from 31stMay, 1992. It has vehemently been contended by the learned Counsel for the petitioner that the petitioner had never tendered any resignation of Teacher (Grade -Ill) of Shri Adi Gaud Brahman (Murti Kalakar) School (respondent No. 4) and even assuming that contention of the respondents is to be accepted as correct even then, it could not be made effective with effect from 31.5.1992 on the basis of its acceptance by the Management with effect from 30.4.1992.

(2.) THE learned Counsel has further contended that there could be no occasion for the petitioner to tender her resignation particularly when second stay application was filed on her behalf on 22.5.1992 and notices were issued on the said application by this Court in pursuance of the order dated 23.3.1992 passed in 1st stay application in pursuance of which, this court had directed that one post of trained teacher be kept vacant till further orders.

(3.) CONTRARY to the assurance conveyed to the petitioner as aforesaid, the respondents took interviews from the eligible candidates who had applied for the post of trained Teacher and the petitioner was thereafter not permitted to mark her attendance on the register maintained by the school nor permitted to perform her duties on the said post which she was already doing prior to the same.