Committee of Management Mohammad Husain Inter College, Nawalpur vs State of U.P. and 4 Others

Neutral Citation No. - 2025:AHC:24751

Court No. - 10

Case :- WRIT - A No. - 2212 of 2025

Petitioner :- Committee Of Management Mohammad Husain Inter College, Nawalpur Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C.,Vinod Kumar Singh

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Hon'ble Saurabh Shyam Shamshery,J.

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This is second round of litigation. In first round of litigation, a writ petition filed by respondent No.5 was allowed and order impugned therein 25.03.2021, whereby his application for voluntary retirement was accepted was set aside with certain findings and observations on facts as well as on law and matter was remitted to pass fresh order, taking note of application for withdrawal of voluntary retirement. For reference, the relevant part of order dated 24.09.2024 passed in Writ- A No.7868 of 2021 is reproduced hereinafter:-

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"6. I have heard the respective counsel for the parties and perused the material on record.

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7. It is a settled law that an employee can withdraw his resignation before it is accepted by the competent authority. In the instant case, the alleged resignation was tendered by the petitioner from the post of Principal of the institution in question on 17.8.2020. He had moved his application on 6.3.2021 withdrawing his resignation. The 6th respondent/Committee of Management had never accepted the resignation and had only forwarded the same to the 4th respondent/District Inspector of Schools. The withdrawal application was considered by the Committee of Management but it was not forwarded to the 4th respondent before the order was passed accepting the resignation. The 4th respondent on 25.3.2021 had proceeded to accept the resignation of the petitioner.

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8. It is clear that the 6th respondent/Committee of Management had concealed the withdrawal of resignation from the District Inspector of Schools before he had passed the order accepting the resignation of the petitioner.

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12. In case the Committee of Management does not place the said application before the District Inspector of Schools, the petitioner shall file the same before the District Inspector of Schools along with certified copy of this order. Once the application dated 06.03.2021 is placed before the District Inspector of Schools, he shall pass appropriate order within a period of four weeks thereafter strictly in accordance with law and in the light of the decision rendered by the Apex Court. "

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In pursuance of above order, the impugned order is

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passed,whereby the application of withdrawal for VRS is being accepted and now the Committee of Management has claimed to be aggrieved and, therefore, it is before this Court.

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A specific query is raised to counsel for petitioner that how Committee of Management is aggrieved by impugned order since there is nothing adverse to them i.e. if respondent No.5 continued to work. Though, the counsel for petitioner has tried to convince this Court but miserably failed.

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Otherwise also it is well settled as referred in order passed on 24.09.2024 that an application for VRS can be withdrawn before it is accepted and dates as mentioned in above referred order are not being seriously disputed, therefore, on both ground, there is no illegality in the impugned order as well as petitioner i.e. Committee of Management does not appear to have any prejudice, the prayer made in this petition is rejected.

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The respondent No.5 is directed to join the service, if already not joined since it has been pointed out that he is not well, therefore, he is required to conduct the duties diligently, specifically when his application of withdrawal for VRS is being accepted.The Committee of Management will not cause any hindrance to the joining of the petitioner.

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So far as the grievance of petitioner i.e. Committee of Management that institute is running through single operation, it is observed that if any objection to it is pending before the DIOS, same shall be decided within short period, in accordance with law.

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Accordingly, writ petition is disposed of with aforesaid observation.

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Order Date :- 20.2.2025 P. Pandey

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Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad

Committee of Management Mohammad Husain Inter College, Nawalpur v. State of U.P. and 4 Others

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Committee of Management Mohammad Husain Inter College, Nawalpur v. State of U.P. and 4 Others

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