Termination of service of a school teacher – Allegation of unauthorized absence – Leave availed on account of cataract operation - School directed to reinstate the teacher in service with full back wages from the date of the Tribunal’s Order.

 

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 7^th 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