Excelsior Correspondent
SRINAGAR, Mar 30: In a significant judgment the Jammu and Kashmir High Court today declared the resignation submitted by a Government employee under compulsion as invalid and directed the authorities to restore her services.
While setting aside the resignation of an ReT, Zohra Banoo, submitted before the authorities, the court observed that this kind of resignation is not valid and is arbitrary and violative of Article 14 & 21 of the Constitution of India.
“The order No. ReT/8066-67 dated 26th July, 2010, where under resignation of the petitioner has been accepted by Chief Education Officer, Kargil, mention whereof is made in communication No. CEO/SSA/RET/934 dated 08-11-2010, addressed to the Deputy Commissioner, LAHDC, Kargil by respondent-CEO Kargil, is set aside”, said Justice MH Attar.
Court said that any employee, either working on ad hoc or contractual or in any other temporary capacity, cannot be denied sick leave. “It cannot be expected of a human being to continue to remain healthy and able bodied and to continue to discharge his/her duties regularly and without any fail”, observed Justice Attar while allowing the petition.
Court directed the authorities to, take Zohra Banoo back into service and give her posting commensurate to her status. “Necessary orders, in this behalf, shall be passed within four weeks from the date copy of this order is served on the respondents”, reads the order.
Court elaborated and explained the resignation in its true and right perspective and said a resignation is that, which one submits out of his/her own free will and without being compelled by the circumstances to do the same. “The action of the respondents, in not granting leave to the petitioner and in accepting her resignation, which is held to be not voluntary one, is arbitrary and violative of Article 14 & 21 of the Constitution of India, in as much as, the petitioner has been deprived of her livelihood as well”, court observed while going through the resignation given by the petitioner and accepted it by the authorities.
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