The Hindu : Two more panel dismissals stayed

Online edition of India's National Newspaper
Monday, Feb 02, 2004

Tamil Nadu

Tamil Nadu

Two more panel dismissals stayed

By Our Staff Reporter

CHENNAI, FEB.1. The sacking of two more aided school teachers by the panel of judges, which heard representations by government employees dismissed under the Tamil Nadu Essential Services Maintenance Act, has been stayed by the Madras High Court. Justice K. Ravirajapandian granted the stay on operation of the orders dismissing P. Perumal of the Nadar Sathiria Middle School at Arunkulam in Tuticorin district and P. Panneerselvam of Sree Maragathambal Middle School at Tindivanam.

Both the petitioners contended that Section 7 of the amended ESMA applied only to government servants. Teachers working in aided schools and colleges were not covered by the Act and the panel judges had no jurisdiction to deal with their cases. The school committee alone had powers to take disciplinary action against an erring employee under Section 18(1)(c) of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973.

Mr. Perumal said he was issuing rice coupons to ration cardholders on June 28, 2003 when a meeting of his association was held at Tuticorin to discuss the strike by government employees from July 2. He, along with 11 others, was charged with holding the meeting and the first information report (FIR) registered. Based on the FIR he was prevented from joining duty after the strike was withdrawn.

His letter to the Education department seeking permission to rejoin duty was treated as a representation by the panel of judges, which upheld his dismissal though the school management never dismissed him. The panel judge held that he would have participated in the meeting by virtue of his position as the Tuticorin district unit president of the Tamil Nadu Primary School Teachers Association.

Stating that the finding was ``based on surmises,'' Mr. Perumal referred to a certificate issued by the Circle Distribution Officer confirming that he had been distributing rice coupons on June 28. Out of 12 persons cited in the FIR, five were reinstated in service and seven others dismissed. ``The impugned order is also vitiated by dissimilar orders passed in respect of persons covered by the same FIR,'' he said.

Mr. Panneerselvam said he was granted casual leave for three days from July 2, 2003, but it was cancelled on July 7 ``with retrospective effect.'' Meanwhile, he was arrested on July 5 and charged with instigating government employees to go on strike. ``Despite the fact that the school management had not passed any order of dismissal, the panel has stated the dismissal would stand confirmed,'' he said.

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