Allahabad High Court

Smt. Anita Tiwari vs State Of U.P. And 3 Others on 7 January, 2025

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:2589
 
Judgment Reserved on 2.1.2025  
 
Delivered on 7.1.2025
 
Court No. - 10
 
Case :- WRIT - A No. - 17488 of 2021
 
Petitioner :- Smt. Anita Tiwari
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Arvind Srivastava
 
Counsel for Respondent :- C.S.C.,Rajneesh Tiwari
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Heard Sri Anil Sharma, learned Senior Counsel assisted by Sri Arvind Srivastava, learned counsel for the petitioner and Sri Shailendra learned Senior Counsel assisted by Sri Rajneesh Tiwari on behalf of respondent no.4.

2. Facts of the present case as mentioned in the present writ petition are as follows:

(a) The petitioner a lady, joined as an Assistant Teacher L.T. Grade in Hindi subject in pursuance of an advertisement of year 2013. She joined in the year 2017 at a College in District Pratapgarh. She was thereafter transferred to respondent College namely: Madan Mohan Malviya Inter College Karchana District Prayagraj and she joined there on 4.7.2019

(b) It is her further case that she despite being pregnant was repeatedly harassed by Principal of the College and her co-lady teacher (both are not arrayed as party in the present writ petition) and despite making complaint to the Manager of the College, no action was taken against them.

(c) It is her further case that she was harassed to such extent that she under compulsion and not in a fit state of mind has submitted her resignation on 14.10.2020 to the Management of the College. Contents of said resignation letter, being relevant is reproduced in its entirety hereinafter:

"सेवा में,

प्रबन्धक द्वारा प्रधानाचार्य

मदनमोहन मालवीय इण्टर कालेज करछना

प्रयागराज ।

विषय- अपने पद से त्यागपत्र देने के संबंध में ।

महोदय,

सविनय निवेदन है कि मै अनीता तिवारी आपने विद्यालय मदन मोहन मालवीय इण्टर कालेज करछना मे सहायक अध्यापिका के पद पर कार्यरत हूँ और मै विगत तीन महीनो से अपने मानसिक उत्पीडन से परेशान हूँ ऐसे माहौल मे जब कि मेरी शारीरिक स्थिति सही नही है और मैं गर्भवती भी हूँ मेरे लगातार अपनी परेशानी बताये जाने के बावजूद प्रिया यादव के साथ बैठने और उनसे बात करने पर मजबूर किया जा रहा है। प्रिया यादव मेरे साथ नौकरो जैसा व्यवहार करती है ओर अपना आत्म सम्मान गिरा कर नौकरी नही कर सकती प्रधानाचार्य जी मुझे लगातार मानसिक परेशानी दे रहे है अतः मै इन परिस्थितियो मै नौकरी नही कर सकती हूँ ।

मेरा त्याग पत्र स्वीकार करने की कृपा करे ।

भवदीय

अनीता तिवारी"

(d) The petitioner has set up a further case that aforesaid resignation letter was for the purpose to take action against the Principal and co-lady teacher of the College,but despite further repeated request, no action was taken. Even a complaint was made before police authorities and later on, an order passed by Judicial Magistrate and accordingly an F.I.R. was lodged against some persons employed in the College, who are facing trial (charge-sheet is not on record)

(e) Further case of the petitioner is that she was not called by the Management for consideration of her grievance and in a very arbitrary manner without looking into the allegations made in the resignation letter, a proposal was adopted by the Management of the College and her resignation was accepted.

3. Sri Anil Sharma, learned Senior Counsel assisted by Sri Arvind Srivastava, learned counsel for the petitioner referred above facts and submitted that petitioner was harassed and she was not in a fit state of mind and under compulsion, she has submitted her resignation. No notice was served upon her and proposal was adopted behind her back and her resignation was wrongly accepted.

4. Learned Senior Counsel for the petitioner further submitted that in such circumcisers this Court may look into the attending circumstances under which the resignation was submitted by the petitioner and he refers a judgment passed by Supreme Court in the case of Ms. X Vs. Registrar General, High Court of Madhya Pradesh, 2022 (2) ESC 388.

5. Per contra, Sri Shailendra learned Senior Counsel assisted by Sri Rajneesh Tiwari on behalf of respondent no.4 (Committee of Management) submitted that allegations made in this writ petition are mainly against the Principal and Co-lady teacher of the College, who are not arrayed as party in the present writ petition. An opportunity was granted to the petitioner to reconsider her resignation letter, but she has failed to avail the same and once resignation is accepted, it cannot be withdrawn. He placed reliance on a judgment passed by Supreme Court in Shriram Manohar Bande Vs. Uktranti Mandal & Ors, 2024 INSC 337.

6. Heard learned counsel for the parties and perused the records.

7. The Court has to consider as to whether contents of resignation letter dated 14.10.2020 was a resignation simplicitor or it was due to certain attending circumstances and if there were attending circumstances, as to whether it would be sufficient to reconsider her application for resignation and for that as to whether an opportunity be granted to the petitioner to reconsider her resignation or not. The proposal dated 16.11.2020 adopted by the Committee of Management of Inter College being relevant, is reproduced hereinafter:

"प्रस्ताव संख्या 2 दिनांक 16.11.2020

प्रबन्धक महोदया ने बताया कि सहायक अध्यापक श्रीमती अनीता तिवारी ने अपने हस्तलिपि में दिनांक14-10-2020 को अपना त्यागपत्र विद्यालय कार्यालय में प्रस्तुत किया है जिसका संज्ञान होने पर उन्हें दिनांक 26-10-2020 को रजिस्टर्ड पत्र द्वारा यह अनुरोध किया गया कि यह सूचित करें कि आप अपने त्यागपत्र पर बल दे रही हैं अथवा त्यागपत्र वापस लेकर सेवा में बने रहना चाहती हैं कृपया 04-11-2020 तक उत्तर देने की कृपा करें परन्तु आज तक त्यागपत्र के सम्बन्ध में उनका कोई पत्र प्राप्त नहीं हुआ। प्रबन्ध समिति के सदस्यों ने गम्भीरता पूर्वक विचार किया तथा सर्वसम्मति से प्रस्ताव पारित करते हुए श्रीमती अनीता तिवारी का त्यागपत्र दिनांक 14-10-2020 को स्वीकार करने का निर्णय लिया। इस सम्बन्ध में सर्वसम्मति से प्रबन्धक महोदया को सभी कार्यवाही के लिए अधिकृत किया जाता है।"

8. Above referred contents of proposal indicates that an opportunity was granted to the petitioner to reconsider her application for resignation, but petitioner has not responded to it and as such proposal was accepted. Petitioner has claimed that since she was suffering from ailment during her pregnancy, therefore, she was advised bed rest during the said period, therefore, she was not able to submit her reply that the resignation was submitted that her complaint was not considered. However, the Medical Certificate placed on record is dated 9.12.2020 i.e. subsequent to the above referred proposal.

9. Court takes note that allegations raised by the petitioner are mainly on the Principal of the College and her co-teacher, who are not arrayed as party before this Court, therefore, the Court cannot look into genuineness as to whether the allegations are correct or not.

10. Charge-sheet filed against some persons is not on record, therefore, at this stage, Court is not entering as to whether the allegations were true or not, but on the basis of records, it can be safely observed that petitioner has raised certain allegations against Principal of the College and her co-teacher which may be a reason, specifically when she was in a family way to submit her resignation and from contents of the resignation it can be held that it was not a resignation simplicitor, but attending circumstances are present.

11. There is not much dispute that once a resignation is accepted, it cannot be withdrawn in normal circumstances.

12. In Ms. X Vs. Registrar General, High Court of Madhya Pradesh (supra), in somewhat similar circumstances, Supreme Court has looked into the fact as to whether resignation in that case could be construed as voluntary or not and that resignation cannot be considered in isolation, but the attending circumstances will have to be taken into consideration.

13. In the aforesaid circumstances considering overall aspects of the case as well as specifically the contents of letter dated 14.10.2020, wherein the petitioner has made certain allegations against Principal of the College and her co-teacher that she was mentally harassed, which could be a reason to submit her resignation and Court is of considered opinion that it cannot be a voluntary resignation, otherwise it could have been a one line letter.

14. There are other documents also on record that petitioner has made complaint against Principal of the College and her co-teacher, but the Court is not entering into the issue to whether the allegations were true or not.

15. The judgment cited by learned Senior Counsel appearing on behalf of respondent no.4 in Shriram Manohar Bande (supra) was on the issue of communication of acceptance of resignation and it does not deal with the issue as to whether there were attending circumstances or not, whereas in the case of Ms. X Vs. Registrar General, High Court of Madhya Pradesh (supra) there was a specific consideration of attending circumstances.

16. Court also takes note that Committee of Management of the College has not accepted the resignation of the petitioner since an opportunity was granted to her to reconsider her application for resignation which is clearly reflected from the contents of proposal adopted by the Committee of Management of the College, but said opportunity was not availed by her, for a possible ground that she was under medical treatment at relevant time.

17. Even otherwise, if a chance is given to the petitioner to present her case for reconsideration of her resignation letter, no one will be prejudiced even the Committee of Management of the College also since earlier an opportunity was granted by it to the petitioner.

18. In aforesaid circumstances, Court is of considered opinion that in the interest of justice, impugned order dated 16.11.2020 passed by the Manager of the institution Madan Mohan Malviya Inter College, Karchana, District_Prayagraj is liable to be set-aside and is hereby set-aside and the petitioner is directed to submit an application before the Committee of Management of the College within a period of three weeks as to whether she wants to reconsider her application for resignation or not and on the basis of such communication, Committee of Management of the College will take a fresh proposal within a short period. For the said period, petitioner is not allowed to work in the said College.

19. With the aforesaid observations and directions, this writ petition is disposed of.

Order Date :- 7.1.2025