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legal remedy to a teacher.

Guest (Querist) 13 March 2009 This query is : Resolved 
dear sir, Its about a lady working in a higher secondary pvt. school for the last 14 year as senior teacher she gives tuition as well recently one of her student failed in computers and his parents started pestering her so she directed them to the computer teacher to see if he could help.Apparently that teacher increased the marks and passed him in the subject.Somehow school management came to know about it and called for a meeting and all however the management has come down heavily on her asking her to submit her resignation and she will be given 3 months salary as that computer teacher told management that aunt asked him
to change the marks which was not true.Now without any proper evidence only on the basis of hearsay management is trying to throw her out.in such circumstance what legal action she can take and what kind of compensation she is entitled to? please suggest appropriate legal remedy.appreciate your time and advice thank you.
PALNITKAR V.V. (Expert) 13 March 2009
If she is really innocent and sacked without justification, she may approach appropriate forum. In Maharashtra there are School Tribunals. Probably, some different forum may be there in your State. The teacher can claim damages also.But be sure that she is innocent.
M. PIRAVI PERUMAL (Expert) 13 March 2009
I agree with Mr. Palnitkar.
ARVIND JAIN (Expert) 13 March 2009
"I agree with Mr. Palnitkar".

PL TELL US UR BASIS OF AGREEMENT PL, KINDLY TELL US WHY DO YOU AGREE? UNDER FORCE OR WHAT ???????????????????????????
Guest (Querist) 13 March 2009
There is no agreement as such till now aunt is being pressurised to submit the resignation.As far as innocence is concerned aunt told me that the parents of the said child went to the computer teacher and he agreed to help him so the father of the said child came to her and asked her to speak to him and during that phone conversation the computer teacher told her that he is going to help the child and he wanted to know how can he give grace marks to him so aunt told him that if he wants to help him then he can give the grace marks in practical n unit test marks that is all to it now that computer teacher is stating that he can take out the transcript of the said conversation is it possible now what should be her next course of action?please mind there is no bribery involved.Thank you
H. S. Thukral (Expert) 13 March 2009
Tell your aunt teacher not to resign. An inquiry before sacking the teacher shall be imperative and your aunt can defend herself. As Mr. Prabhakar informed you that there are tribunal to settle the grivances of teachers (Teachers are not workmen under the industrial disputes act hence separate forums have been created in every state). If any action is taken without holding inquiry and observing principles of natural justice, she will be entitiled to relief.
Prakash Yedhula (Expert) 13 March 2009
If this is a private school, the school committee has to initiate disciplinary proceedings and the charges against you aunt have to be proved.

Even as against the decision of the school committee appeal/revision lies. Every state has a Private Schools (Regulation) Act and one needs to see the relevant state act for appropriate procedures.

In any case, the school management cannot insist for resignation without conducting an enquiry and affording an opportunity to your aunt and even if any such forcible resignation is taken from her, the same is subject to scrutiny before the appropriate forum.
A. A. JOSE (Expert) 13 March 2009
I agre withMr.Prakash.
Shashikant V. Patil (Expert) 14 March 2009
I have gone through the matter of ur aunt and the matter is no where recorded on papers of the school either, and nowhere it is mentioned that before taking drastic action like asking resignation, has she been given any show cause notice for the incident took place. It such the case first of all management should issue a show cause notice first and serve it on the individual so she can give her proper reply .
Shashikant V. Patil (Expert) 14 March 2009
I have gone through the matter of ur aunt and the matter is no where recorded on papers of the school either, and nowhere it is mentioned that before taking drastic action like asking resignation, has she been given any show cause notice for the incident took place. It such the case first of all management should issue a show cause notice first and serve it on the individual so she can give her proper reply .
Guest (Querist) 14 March 2009
Thank you all for your valuable advise i greatly appreciate it.As you all mentioned that she should approach a tribunal or teachers forum i would like to know which are the forum that is there in mumbai and how we can approach the tribunal regarding the same and how we go about it what should we do next? thank you all so much once again.
PALNITKAR V.V. (Expert) 14 March 2009
If you are in Mumbai, there is a school tribunal. Contact a good lawyer practicing there and show all the relevant papers to him. He will take care of it.But make sure that he is good enough and reliable too.I am sorry. I do not want to hurt any of the community members and the legal fraternity. But the situation is not that good in Mumbai.
PALNITKAR V.V. (Expert) 14 March 2009
If you are in Mumbai, there is a school tribunal. Contact a good lawyer practicing there and show all the relevant papers to him. He will take care of it.But make sure that he is good enough and reliable too.I am sorry. I do not want to hurt any of the community members and the legal fraternity. But the situation is not that good in Mumbai.
PALNITKAR V.V. (Expert) 14 March 2009
If you are in Mumbai, there is a school tribunal. Contact a good lawyer practicing there and show all the relevant papers to him. He will take care of it.But make sure that he is good enough and reliable too.I am sorry. I do not want to hurt any of the community members and the legal fraternity. But the situation is not that good in Mumbai.
Guest (Querist) 31 March 2009
hi all i have another query here and its kind of urgent its in regards to the above mentioned teacher as she is going to fight for the concerned situation that she is facing. now she also got an offer for the employment from another school so which she wants to join will it be possible for her to fight the same case even after joining the new school?and will it have any difference t the case?also should she tell the new school about it? please reply thank you.
Kiran Kumar (Expert) 04 April 2009
well dear if she resigns from the job willingly then she will not be in position to fight for her earlier employment.

if she intends to continue in the same school then she must proceed with her legal remedies available for the protection of her rights.

afterall there is no evidence with the school authorities to prove the case against her, similarly when she resigns from the school then how can she proceed against the school when school is not at fault for her resignation.
Hiralal Das (Expert) 04 April 2009
I agree.


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