1 HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR LETTERS PATENT APPEAL NO. 258 OF 2010 IN WRIT PETITION NO. 5616 OF 2009 PETITIONER : Ku. Ahilya D/o Ramesh Masram Aged about 31 years, R/o Siddheshwar Mandir, Pandharkawada Road, Old RTO Office, Yavatmal. - VERSUS - RESPONDENTS : 1] Panchsheel Education Society, through its President, Shrikrishna Society, Arni Road, Yavatmal, Dist. Yavatmal. 2] The Headmaster, Matoshree Savitribai Vidyalaya, Arni Road, Wadgaon, Yavatmal. 3] The Education Officer (Secondary), Zilla Parishad, Yavatmal. 4] Ku. Sulaxna Gorakhnath Gainar, R/o Shire Lay-out, Yavatmal. --------------------------------------------------------------------------------------------------- Mr. N.R.Saboo, Advocate for Appellant. Mr. H.A.Deshpande, Advocate for Respondent nos.1 and 2. --------------------------------------------------------------------------------------------------- CORAM : D. B. BHOSALE ; and PRASANNA B. VARALE, JJ. DATED : 17th June, 2010. P. C. 2 1] Heard learned counsel for the parties. 2] By this Letters Patent Appeal the appellant has impugned the order dated 17/2/2010, passed by the learned Single Judge in Writ Petition No. 5616/2009, dismissing the writ petition and thereby confirming the order dated 24/9/2009 passed by the School Tribunal, by which the appellant's appeal filed under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, was dismissed. Learned counsel for the appellant submitted that the petitioner never tendered a resignation as alleged and in fact the resignation letter placed on record by the management was obtained by the management at the time of her appointment. He further submitted that this is a usual practice of the management to obtain such resignation letters from all employees and use them as and when they want. 3] We have perused the judgment and order passed by the School Tribunal. It appears from the judgment of the tribunal that the appellant had issued the notice dated 31/3/2006 and thereafter the resignation letter dated 30/4/2006 was tendered. Both these documents are in her own hand writing. At the time of final arguments before the Tribunal, the appellant, who was present in the court, was specifically 3 asked about these two documents and she admitted that the notice and the resignation letter were in her own hand writing and they bear her signature. She further admitted that even the dates on the notice and the resignation letter were in her own hand writing. In view thereof, the School Tribunal dismissed the appellant's appeal. 4] In our opinion, the learned Single Judge has considered all these aspects in a proper perspective and for the reasons recorded in the order dated 17/2/2010, has rightly dismissed the writ petition. We do not find any reason to interfere with the order passed by the learned Single Judge so also the order passed by the School Tribunal, in the instant Letters Patent Appeal. 5] The Letters Patent Appeal is, accordingly, dismissed. JUDGE JUDGE Diwale