JUDGEMENT
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(1.)The petitioner has filed this writ petition seeking direction to respondents No.1 to 3 to allow her (i.e. the petitioner) to work as an Assistant Professor (English) and further direction to comply the appointment letter dated 25.08.2011 (Annexure P-1). The petitioner was appointed on the post of Assistant Professor (English) in M.M. Engineering College, Mullana, District Ambala by respondent No.1. The petitioner was appointed on the pay scale of Rs.15600-39100 with Grade Pay of Rs.6000/-.
(2.)The services of the petitioner were liable to be terminated on giving three months notice in writing or on payment of three months pay and allowance in lieu of the notice. The appointment letter dated 25.08.2011 issued by respondent No.1 is Annexure P- 1. The petitioner proceeded on winter vacations from 31.12.2011 to 08.01.2012 as per Circular dated 21.12.2011 (Annexure P-2). When the petitioner reported on 09.01.2012, she found that her name was not figuring in the Attendance Register. Thereafter, the petitioner made a complaint to the Chief Minister and Vice Chancellor of the University vide Annexures P-3 and P-4. Upon notice in the writ petition, written statement dated 06.02.2013, on behalf of respondents No.1 to 3 has been filed. It is admitted that the petitioner was appointed on 25.08.2011 on the post of Assistant Professor (English). It is submitted in the written statement that the petitioner had submitted her resignation on 07.11.2011 as she had got appointment somewhere else and prayed for relieving her after 20.12.2011. As per terms and conditions of appointment letter, the petitioner was directed to work till the semester is over or pay salary in lieu thereof. The petitioner in spite of the above condition, on her free will left the institution and violated the terms and conditions of the appointment letter and also concealed the resignation letter dated 07.11.2011 (Annexure R-1/1). She left the institution after 20.12.2011 and her name was removed from the Attendance Register. The fact with regard to tendering her resignation has been concealed in the writ petition. The representations of the petitioner have duly been replied through registered posts, but the same were received back unserved with the report "LENE SE INKAR" as per Annexure R-1/2.
A perusal of Annexure R-1/2 shows that the resignation tendered by the petitioner (Annexure R-1/1) had been accepted as the petitioner had met different functionaries of the University requesting them for getting herself relieved by condoning the requirement of notice period.
(3.)The petitioner in the replication have not denied the contents of Annexure R-1/2. The petitioner was working as a Warden of the Hostel as per Annexure P-12 and she has also signed the Complaint Register of Hostel No.7 on 09.01.2012 to 16.01.2012 in the column of 'Remarks of Warden/Attendant' (Annexure P-13).
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