Delhi
School Tribunal
03.02.2021
Termination of
service of a school teacher – Allegation of unauthorized absence – Leave
availed on account of cataract operation – School was informed in advance - No enquiry
– No approval from the Director of Education – Termination of service held
illegal – Termination order set aside – School directed to reinstate the
teacher in service with full back wages from the date of the Tribunal’s Order.
[Sarika Dabas
Vs. Modern Child Public School & Anr. – Appeal No. 38/2019, Decided on
03.02.2021, Delhi School Tribunal]
https://advocateanujaggarwal.com/advocateadmin/img/Finalist/202103021614699790Sarika%20Dabas%20Vs%20Modern%20Child%20Public%20School.pdf
https://advocateanujaggarwal.com/home.php
Important
points
1.
Irrespective of the nature of employment
whether temporary, permanent, contractual, probationary or ad-hoc, it is mandatory
for a school to take prior approval from the Director of Education before
terminating the service of its employee.
2.
It amounts to harassment in case
teachers are not permitted to sit in the class room while taking classes.
3.
Issuing a memo to a teacher for making a
phone call to her daughter proves the whimsical attitude of the school.
4.
Giving only 24 hours for replying a memo
results in violation of the principles of natural justice.
5.
Issuing repeated memos only for the sake
of issuing the memos because the teacher had demanded salary as per 7th
CPC is illegal.
6.
Absence from duty for getting the
cataract surgery does not amount to willful unauthorized absence.
7.
In the appointment letter, school cannot
insert unreasonable and arbitrary conditions.
8.
In case school disputes that the Principal/HOD
was not competent authority to issue the No Objection Certificate then the
school must place on record and prove the Scheme of Management which provides
otherwise.
9.
In case school fails to produce and
place on record the minutes of meetings of the School’s Managing Committee then
an adverse inference is to be drawn that the services were not terminated by a
competent authority.
10.
In case the school fails to produce the
leave record then an adverse inference is to be drawn against the school.
11.
Jurisdiction of Delhi School Tribunal - Employees
of even unrecognized school can approach the Tribunal in case their services
are illegally terminated.
12.
Nature of employment of a school
employee is statutory and not contractual.
Anuj
Aggarwal
Advocate
483,
Block-2, Lawyers Chambers,
Delhi
High Court, New Delhi-110003
Mobile
– 9891403206
Email
– anujaggarwal1984@gmail.com
