Judgments – Law declared by the Courts: Can ‘medical unfitness’ be a ground for terminating the services? – DST held that a private school is required to constitute a medical board and conduct enquiry where an employee is allegedly medically unfit

24.05.2022

Delhi School Tribunal (DST)

Can ‘medical unfitness’ be a ground for terminating the services? – DST held that a private school is required to constitute a medical board and conduct enquiry where an employee is allegedly medically unfit – Termination of service on medical grounds, without constituting a medical board and without conducting enquiry – Held, illegal – Directions issued to Sidharth International Public School to grant all consequential benefits and pay back wages

Background facts

1989 - Ratan Kumar was appointed as a Peon

01.12.1990 - He was confirmed on the post of Peon

Feb, 1992 - He was promoted as a Daftry

2019 - Ratan Kumar, along with other school employees, filed a writ petition against school in Delhi High Court thereby seeking salary as per 7^th CPC. [Note - For 29 years, no Show Cause Notice was issued to Ratan Singh by the School. But immediately after filing of writ petition before the High Court, repeated show cause notices were issued to Ratan Kumar by the School]

30.12.2019 – Services of Ratan Kumar were terminated on the ground that Ratan Kumar is medically unfit

Delhi School Tribunal held

1. Termination of service is in violation of Section 8 (2) of the Delhi School Education Act, 1973 inasmuch as no approval has been taken by the School from the Director of Education, Govt. of NCT of Delhi.

2. Manager and HOS are not competent authorities to issue the termination order.

3. Violation of Rule 120 of the Delhi School Education Rules, 1973.

4. Contention of the school that Ratan Kumar is medically unfit is required to be considered by a medical board. School is required to constitute the medical board.

[Ratan Kumar Vs. Sidharth International Public School & Anr., Appeal No. 07/2020, decided on = 24.05.2022]

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/202206071654610585RATAN%20KUMAR%20VS%20SIDDHARTH%20INTERNATION%20SCHOOL%20&%20ORS.pdf

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Anuj Aggarwal

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