BHARATIYA VIDYA BHAVAN Vs. JEESHMA C

JUDGEMENT

(1.) Bharatiya Vidya Bhavan has filed this writ petition challenging Ext.P9 order passed by the 2 nd respondent by which the termination of services of the 1 st respondent ordered by the petitioner as per Ext.P3 was interfered with and the petitioner was directed to reinstate her.

(2.) The 1 st respondent was initially appointed as a Physical Education Teacher under the petitioner as per Ext.P1 order dated 10.05.2013. The conditions attached to her service were provided in Ext.P1 order of appointment issued by the petitioner to the 1 st respondent on 10.05.2013. One of such conditions was that she would be appointed on probation from the date of her joining duty till 31.05.2014. Clause 3 of the order reads as follows:

(3.) Ext.P1 order of appointment will show that the selection and appointment of the 1 st respondent was on the basis of an application submitted by her and on the basis of an interview in which the managing committee recommended her for appointment. By Ext.P2 letter dated 26.05.2014 the petitioner informed the 1 st respondent that her probation has been extended for a further period of one year from 1.6.2014 to 14.5.2015. This was followed by Ext.P3 letter dated 23.5.2015 by which she was informed that her services would not be required w.e.f 15.5.2015 and she would cease to be a member of the petitioner from 15.5.2015. A cheque for a sum of Rs.20,103/- was tendered along with this notice towards pay in lieu of notice period. The 1 st respondent thereupon caused to issue a lawyer notice to the petitioner demanding refundable deposit of Rs.50,000/-. In this lawyer notice it was stated that the 1 st respondent was in her 5 th month of pregnancy and she had participated in the physical education summer camp from 6.4.2015 to 4.5.2015 dis-regarding her physical condition and associated risks and this was known to the principal and her colleagues. It was also stated that there was no bad feed back or remarks on her performance till that date; the order of termination issued on 23.5.2015, resulted in denial of opportunity to seek employment in another institution before the re-opening. The petitioner sent reply notice Ext.P5 stating that the 1 st respondent was on probation and the termination of services was necessitated since her services were not found satisfactory. The 1 st respondent thereafter approached the 2 nd respondent with a complaint against her termination explaining the contributions she has tendered during her service career for the 2 year period and pointed out that the termination of her services was on account of her pregnancy. The 1 st respondent thereupon approached this court in W.P(c).No.20009 of 2015 and this court by Ext.P8 judgment disposed of the same directing the 4 th respondent to consider her representation Ext.P10 (Ext.P6 herein) after hearing the 1 st respondent and the petitioner. On receipt of notice, the petitioner submitted Ext.P7 statement before the 2 nd respondent in which the petitioner submitted that they were receiving complaints from parents about the language which she used while communicating with the children and that they were not satisfied with the behaviour of the teacher, apart from her poor performance. However, the 2 nd respondent passed Ext.P9 order stating that the termination of her services was in violation of Rule 27.1 of the Affiliation Byelaws of the Board, according to which the services can be terminated only during probation by giving one month's notice in writing or one month's pay including all allowances. The 2 nd respondent found that the termination of services was not communicated to the 1 st respondent before completion of the probation period of two years and it was only as per letter dated 23.5.2015 that the petitioner informed the teacher that her services would not be required w.e.f 15.5.2015 i.e at a time when the 2 years period was already completed. The Board therefore suggested the petitioner not to take such harsh decision against the teacher concerned and to reinstate her in service as Physical Education Teacher.