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sweta patra   16 July 2019

termination during resignation

I am working in a private school in bangalore.
due to some unavoidable circumstances, I slapped a child for his misbehaviour. on this,
the school principal asked to apologise and put a resignation with 3 months of notice.
I did what she asked for.
I had put my resignation on 1st july,2019 and will serve my notice period till 30 sept. 2019.
but the school has posted job vacancy for my post with immediate joining in a newspaper.
can a school terminate a teacher during her notice period?


Learning

 12 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     16 July 2019

Sweta!

It is very unfortunate that the school has taken very stern action against you and seems that someone has got it done purposely.

Anyways as far as the resignation is concerned, you need to serve your notice period. Since school has not terminated your services by giving you any termination notice. Hence, you are not yet terminated.

Further, if any new teacher gets appointed than the school might look to relieve you from your employment by paying you for the entire notice period. Dtled opinion could be given on this expect after looking your appointment letter

 

Regards

Ad. Rohit Dalmia

9324538481

G.L.N. Prasad (Retired employee.)     16 July 2019

Recruitment is a process and should be completed before you are relieved and no one can find fault .

However, contact a reputed advocate for scopes under law to get resignation back, before it is officially affected as you are not terminated, as forcing to resign may be under undue influence.

If you have no other options of employment and job is a must go for litigation, otherwise, do not continue fighting with management and students as the ultimate is mental peace for any human being.

 

sweta patra   16 July 2019

dear sir
when initially principal asked me to resign, I agreed but later she humilated me in front of the the parent of the student, threatening me verbally that she will ruin my career in bangalore as she knows all the principals of cbse school, threatened me with filing up legal case against me for corporal punishment...
she did not do the latter but she sent my resume to nearby school stating I am incapable of teaching and hit children unnecessarily.
the principal is a lady of no manners and complete dictatorship.

Adv Rohit Dalmia 9324538481 (Lawyer)     16 July 2019

Sweta!

As you said Principal have also informed the nearby school about you. Could you inform as to what reason made you to slap the child, since the Principal is acting personally against you as the management have not terminated your service immediately. Have you got acknowledgment of the Resignation Letter duly accepted by the Principal? If not then try to speak with the principal to get it withdrawn and allow you to continue working with the school.

Has the Parents of the Child gave any written complaint against your action of slapping the child? If yes, then try to speak up with the parents and request them to withdraw the complaint, if possible. This would boil down the situation and the situation might return to the normalcy in some days.

 

 

sweta patra   16 July 2019

Mr. Om Prakash, its not about loosing my cool, it is about my dignity and self respect which I feel have every right to stand for.
Student these days have forgot their limit of discipline and way of behaviour.
If student have the audacity to misbehave with the teacher then I feel I too have the authority to make them learn their mistake that time only.

sweta patra   16 July 2019

Mr. Rohit Dalmia sir
I wrote a "cause of action" mail to the principal to which she says it is of no use.
then when I asked her to terminate me with immediate effect (as per my joining letter) , she could not do that as then whole management will have to be indulged.she threatened me by saying I can terminate you but you have to pay 3 months salary, to which I retorted as not mentioned anywhere in my call letter.
she said, this is the new formulation under disciplinary action taken by school.
so I resent a resignation to which she has not replied or accepted, but published the vacancy in different newspaper and websites for my post.
please suggest

sweta patra   17 July 2019

Mr. om prakash,
with due respect being an unknown, I would just suggest you should not be judgemenral about me or my case. if you step into my shoes only then you will realise the working environment of a teacher in a private set up.
rules and regulations are only meant for the employee and not for employer there. for your kind information I had the guts to face legal action against me if the school wanted that but since they simply asked me to resign so I did.
My query is that only can they chuck me out when I am already serving my notice period.
morover FYI I didnt harm the dignity of the parent, neither the child. He was slapped for his misdeed, for crossing the line between a teacher and a student.

sweta patra   17 July 2019

Mr. om prakash, first of all I did not plead you, secondly, I asked the legal advice rather imposing to answer in my favour and lastly more than me, you seem to be foolish to say about the fundamental rights of a person in India.
please no more reply...
I seek guidance here not your arguements.

Adv Rohit Dalmia 9324538481 (Lawyer)     17 July 2019

Sweta!

If the school has given publication for a teacher vaccancy than they want to secure themselves first by getting someone on board and then asking you to leave on immediate basis.

That could be one of the thing school might look forward for. If you need to discuss the matter further and wants to find out best available solutions, then you may call on 9324538481.

Regards

1 Like

sweta patra   17 July 2019

oh hello Mr prakash,
you are going beyond limits now.
get your f**k out of here.
such a maniac of discriminating on the basis of states..

you are mentally sick.. go get a treatment for yourself.

Deepak K Sharma (Service)     18 July 2019

I have following suggestions:

1. Since you have given your resignation willingly, you can write down the management to resignation withdrawal stating that since you have sort out your problems, you will continue with immediate effect.

2. If they terminate you, you send them notice through lawyer or take labour office help.

3. If they send you resignation acceptance post your resignation withdrawal, you can quote the date difference and write back that since you already sent your withdrawal you would be continue there.

But no way they can terminate you during notice period as they don't have any ground to do so because as you said you have not received any written complaint on your behaviour.

Rest my colleagues can comment on my answer pl.

Regards.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 July 2019

I confine myself to your very first post here. You slapped a child. The principal asked you to apologise (to whom you have not stated) and resign with 3 months' notice. You did as the principal asked. Now they have advertised for the post stating that the vacancy is immediate. You apprehend that they may terminate you before the end of the notice period. There is no need for such apprehension unless you do something more under your apprehension and annoy them. Just wait and leave at the end of the notice period. The statements against you by some members here are unwarranted. Whether you are an Oriya or a Kannadiga you are an Indian. You have the right to work anywhere in india. Good and bad people are there everywhere.

1 Like

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