2017 (2) ADR 436 ::(2017) 237 DLT 55 ::(2017) 2 ESC 718

Delhi High Court

Hon'ble Judge(s): Valmiki, J. Mehta , J

(A) Delhi School Education Act (18 of 1973) S. 8, 28 — Delhi School Education Rules (1973), Rr 114A, 96 (6) — Resignation — Approval for — Employee tendered resignation on 15 3 2003 which was accepted by school on 29 3 2003 — Withdrawal of resignation by letter dated 7 7 2003 is neither within 30 days of submitting letter of resignation nor within 30 days of its acceptance — It cannot be said that employee had withdrawn his resignation — Refusal to grant approval by Director of Education — Not proper (Paras 12, 13, 15, 16, 17)

(B) Delhi School Education Act (18 of 1973) S. 8, 28 — Delhi School Education Rules (1973), R 114A — Resignation — Object of Rule 114A when it provides period of 30 days for finalization of resignation is for benefit of employee — It means employee is not forced to work beyond a period of 90 days from date of submitting letter of resignation — Expression ' within a period of 30 days from date of receipt of resignation' ? does not in any manner cut down strength of expression ' Shall be accepted' ?