GEETA GULATI Vs. CHAIRMAN MAHARISHI SHIKSHA SANSTHAN

JUDGEMENT

(1.) PETITIONER in this writ petition has assailed an order (P/1) dated 26.8.2003 of termination of services. Petitioner was initially appointed in Maharshi Vidya Mandir run by Maharshi Shiksha Sansthan as primary teacher in 1995, she was promoted as Post Graduate Teacher in January, 1998, further promoted to the post of Vice Principal as per order (P/2) dt. 21.8.2000. It is averred in the petition that for the last six years, her services were appreciated and due to excellent results, she was awarded cash prizes and letter of appreciation (P/3 and P/4). Considering the performance, petitioner was selected for Videography of English Lesson on all India basis. It is further averred that the petitioner was not getting due and proper treatment from respondents. She was marked absent for 18 days, in fact, she was present. After great struggle, salary was paid for the said period after enquiry and investigation. Reversion was ordered. She fought against it. Order was set aside. She was restored to original position. Petitioner also worked as Principal in the absence of regular Principal. All of a sudden, her transfer was ordered from Jabalpur to Rewa without any justification or need. She had applied for the post of Principal and was interviewed. Petitioner filed a writ petition assailing order of transfer, W.P. No. 3399/2003 before this Court. During the pendency of the writ petition, respondents took time to file return. Her services were terminated as per order (P/1) dated 26.8.2003. Respondents are not having any PG Teacher in the Maharshi Vidya Mandir No. 1. Thus, it is clear that the petitioner was wrongly removed and her services were terminated without any justification. She was absent from duty due to genuine reason, which was pointed out before the respondents.

(2.) IN the return the respondents have submitted that the petitioner was promoted as Trained Graduate Teacher (TGT), thereafter as Post Graduate Teacher (PGT), and given additional responsibility of post of Vice Principal m view of her seniority. No extra emolument or remuneration were paid to her as per the agreement (R/1) executed with the petitioner. Her services could be terminated on the ground contained in Clause 6 -A to 6 -J in the agreement. Petitioner was posted at the relevant time in Maharshi Vidya Mandir -I, Jabalpur. She was transferred to Rewa on 28.1.2003. Petitioner has joined at Rewa in the month of February, 2003. Videography was done as a matter of routine. It is denied that the petitioner was the only PGT in the school. Petitioner was advised to get her child admitted in the school. She was not duty bound to admit her child in Maharshii Vidya Mandir, but, was expected to act on the suggestion. Other facts have also been denied. Termination does not suffer with any infirmity. Same is justified and legal. Absence was not genuine. Hence, no interference is called for in the writ petition. Same deserves dismissal.

(3.) SHRI Alok Aradhe, learned Counsel appearing on behalf of the respondents has submitted that the petitioner's services could be terminated in terms of the agreement (R/1). Show -cause notice was issued. Reply was obtained, which was not found satisfactory, as such it cannot be said that there is any violation of principles of natural justice, further enquiry was not necessary in the facts and circumstances of the case. Opportunity of hearing has been granted, which is sufficient to meet requirement of natural justice. There was no justification for unauthorized absence alter joining at the place of transfer.