Resignation of my job without notice

nrp xerox (Querist) 13 October 2020 This query is : Resolved
Hello sir,
I was working in a cbse school in Tamilnadu. I'm a divorcee and lived with my mother. Due to my mother's health condition I resigned my job without proper notice but I have sent an whatsapp message reg my resignation to the Principal, my HOD and Co-ordinator priorly. This was happened during the summer vocation and after 15 days i went and submitted my resignation letter also. Now its one and a half year over but still the AO of the school is refused to give my original certificates back and asking me to surrender my 3 month salary around Rs. 40000/- to give my certificates back and she says that is the cbse norms. Sir, kindly suggest me how to come out of this situation.

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Advocate Bhartesh goyal (Expert) 13 October 2020
Resignation sent through whatsapp if delivered to authority will be deemed as proper service of resignation letter also hard copy of resignation letter has been submitted by you to shool authority so shool authority has no right to detain your original certificates and their demand of three months salary is illegal.Issue legal notice and demand your original certificates if notice not complIed with then file complaint before Educational Tribunal in this regard.

Rajendra K Goyal (Expert) 13 October 2020
Well advised, agree with the expert Advocate Bhartesh goyal.

Advocate Bhartesh goyal (Expert) 13 October 2020
Thank you Rajendra ji for agree with me

K Rajasekharan (Expert) 13 October 2020
The query itself points out that the resignation was without proper notice. And the Administrative Officer of the school says that three months notice is the norm in such schools. So there is a clash between these two statements in the query itself.

With no knowledge of the educational law in Tamil Nadu but with good understanding the law in educational institutions in general, let me point out that for a teacher the appointing and the relieving authority is the Manager of the school, though the daily and academic administration of the school is managed by the Principal.

So normally a resignation letter must be sent to the Manager of the school rather than to the Principal, if no contrary law is in force in the state. So sending some WhatsApp message to some private phone, without due validation of the electronic record, cannot be considered a valid notice at all.

Tendering a resignation by a teacher is more a serious matter than applying for a casual leave.

Dr J C Vashista (Expert) 14 October 2020
School Rules are a State subject which differ from a State to other state, therefore, It would be advisable to consult a local prudent lawyer for appreciation of facts / documents, professional guidance and necessary proceeding.
However, I fully agree with expert Mr. K Rajsekharan, resignation submitted via Whatsapp is not acceptable under CBSE Rules, recheck.

P. Venu (Expert) 14 October 2020
Is it am aided or unaided school? Facts posted suggest the school to be private and unaided, though recognized by CBSE. Irrespective of whether the resignation is proper or otherwise, no one, including the employer or an authority, is not entitled to keep the original certificates anyone, may be a student or an employee, with them and hold it as a ransom. Such an action amounts to extortion. As already suggested, you may serve the legal notice demanding back the certificates - it is your property.

Isaac Gabriel (Expert) 18 October 2020
Expert P.Venu has correctly observed. Your next option is legal notice to get your credentials from the school.

Rajendra K Goyal (Expert) 19 October 2020
Discuss in details with local lawyer and send legal notice first.