Dear Ma'am/ Sir,
I am a Probationary teacher working in a private unaided minority school in Mumbai.
I wish you leave my current job and accordingly resigned on 15th June 2018.
I offered to pay one month's salary in lieu of one month's notice as per the terms of my contract.
My principal did not accept my resignation stating that under the MEPS Regulation act 1977 and Secondary school code I cannot resign for one month from the reopening of school. I was paid salary for the summer vacation and hence from the first day of school i.e. 15th June to 15th July, I cannot resign, and there fore she did not accept my resignation.
I want to leave this job for another by 25th June. My principal is aware of this. She said that if I wanted to leave I could resign with immediate effect on the 25th, forfeiting one one month's salary in lieu of my notice. But they will not give me a service certificate.
Her other option is that she accept a resignation letter dated 15th June, but I stay on till the 15th of July. On 15th July she said I may leave paying one months salary in lieu of notice but with my service certificate.
Due to constraints I cannot take the second option.
My question is, what exactly does the law say in the event a Probationary teacher who received vacation pay wants to be relieved in the first month of school reopening?
What penalty does she have to pay to be relieved? Is there any way to financially compensate the school, in lieu of following that clause, and leave with my service letter?
