Delhi School Tribunal
18.05.2022
Delhi
School Tribunal directed the Modern School to reinstate a contractual Primary
Teacher with all the consequential benefits and full back wages
Ms. Akansha
Singh was appointed as a Primary Teacher on temporary/ad-hoc/contractual basis
on 01.07.2013 by the Modern School, Vasant Vihar, Delhi. She proceeded on
maternity leave from 15.11.2018 to 15.12.2018. On 16.12.2018, she was
terminated from service by the Modern School. Being aggrieved by her illegal termination
of service, Ms. Akansha Singh filed an Appeal before the Delhi School Tribunal,
Delhi.
Ms.
Akansha Singh, inter alia, contented that she was terminated from
service on account of taking maternity leave and, accordingly, her termination of
service is in violation of Section 12 of the Maternity Benefit Act, 1961.
Director
of Education, Govt. of NCT of Delhi, supported the case of Ms. Akansha Singh
and submitted that the action of Modern School of terminating the services of Ms.
Akansha Singh is in violation of the Delhi School Education Act, 1973 as well
as the Maternity Benefit Act, 1961 and the school is, therefore, liable to be
punished under Section 21 of the Maternity Benefit Act, 1961.
Vide
Order dated 18.05.2022, the Delhi School Tribunal held that the termination of
service of Ms. Akansha Singh is in violation of Section 8 (2) read with Rule
105 of the Delhi School Education Rules, 1973. Delhi School Tribunal, accordingly,
directed the Modern School to reinstate Ms. Akansha Singh with all the consequential
benefits and full back wages from the date of Order.
[Ms.
Akansha Singh Vs. Modern School & Anr., Appeal No. 31/2019, decided on
18.05.2022, Delhi School Tribunal]
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