Treat disputed period as duty, says HC

Petition was filed by a teacher who was working in an aided school

January 23, 2021 09:35 pm | Updated 09:35 pm IST - Madurai

Taking cognisance of the fact that the disciplinary proceedings against a school teacher was closed without any order of punishment, the Madurai Bench of the Madras High Court directed the authorities concerned to send the pension proposal of the petitioner to the Chief Educational Officer, Nagercoil.

The court was hearing two petitions filed in 2014 by B. Deva Shanthini of Kanniyakumari district. She sought a direction to the school authorities concerned to send her pension proposal to the Chief Educational Officer, Nagercoil, and also approve the medical leave and casual leave taken by her.

It was said that while she was working in an aided school in Kanniyakumari district she had failed to sign in the attendance register for a few days. Though she was initially suspended, the suspension period was regularised and was treated as eligible leave. Since the petitioner had not agreed on the period to be treated as eligible leave the issue was not resolved.

Justice RMT. Teekaa Raman directed the disputed period to be treated as duty and directed the school authorities to send the pension proposal to the Chief Educational Officer, Nagercoil, who shall forward it to the Accountant General for passing necessary orders in accordance with law without much delay.

However, the court dismissed a connected petition filed by the petitioner. After she retired from service she was given re-appointment till the end of that academic year. When she refused to correct the answer sheets of the public examinations, her re-appointment was cancelled. The court dismissed the plea that challenged the cancellation of re-appointment.

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