SOMA DAS (Asst. Teacher) 25 July 2012

Termination from sevice

PLEASE FIND

Respected Sir/Madam,

Respectfully, I beg to state that, I got appointment in Carmel School,Gurunanak Road, Durgapur-713205 on 03/04/2006 as part time basis for Rs.2500/-as monthly remuneration. It was an offer by management committee of the school. I was requested to submit my bio-data with copies of all certificates. After that I got the appointment. Since then, I was working in Carmel School, Gurunanak Road, Durgapur-5. I was doing my job honestly. School authority as well as management committee was satisfied on my service. I was doing at my best. Time to time, that means year after year my service was renewed. Last year i.e. on 01/04/2011, I was upgraded by School Authority and management committee. They gave me First Year Probation. But this year, school authority has terminated my service w.e.f. 31/03/2011 without any reason. I appealed for renewal of my service. But they do not.I was never be warned for a single time. I was never be noticed for termination. Sir/ Madam, May I not expect for justice ? I know that my service was on yearly contract basis. My employer has right to terminate my service. But may I not expect any reason for termination. I was doing at my best and school authority was satisfied on me and so that I was upgraded in service from part time teacher to contract basis teacher and at lastly as "Probationery Teacher". This was given by Sr.Marie Ivy A.C.(Principal) and Sr.Sarita Menezes A.C. (Management Representative) of Carmel School, Gurunanak Road, Durgapur-5 on 01/04/2011. Now, Sr.Kiran A.C.(Principal),Carmel School has terminated my service. How can I survive I don't know, without my service i.e. without any earning. In this middle age is there any possibilities to get service once again ? Presently, I am 40 years 7 months. I have requested to renew my service to pricipal. But, Sister Kiran A.C.(Principal) told me to come but not to sign in attendance register. School authority not want to keep any record of my presence in register. I have met school management committee and stated my case. They are surprised about the fact. They told that they don't know about termination of my service. I went to all of my previous principals Sr.Deepika A.C.,presently posted at Carmel School, 41 Gariahat Road, Kolkata and Sr. Marie Ivy A.C.,presently posted at Carmel School, Desopriya park, Kolkata. They are also upset for the fact. They suggested me to write a letter to this platform for justice. I know that, I will not get any legal support. But, may I not get any moral support on humanitarian ground. May I not expect any notice atleast one month before my termination of service. School (Principal) has given me the letter of termination on 29/03/2012, while I was applied for renewal of my service on 06/03/2012. Not only that, the remarkable fact is, date was written on the letter is 01/03/2012 to prove that it was served to me in one month earlier before the lapsation of my service contract. Please make any enquiry on myself from parents of the students of the school, senior teachers,my colleagues or anybody associated or not associated with this school. This is utmost prayer to you. Please help a helpless, jobless middle age woman. Thanks, Soma Das, Asst. Teacher, Carmel School, Gurunanak Road, Durgapur-5.

Residential address:

A-11/13, BIDHANNAGAR HIG(PHASE-III)

CO.OPT. HSG. SOC. LTD., DR. Z.H. AVENUE,

DURGAPUR-713212

MOB:09474600722

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4 Replies

Ramachandar Desu (Attorney) 26 July 2012

This is very sad. in technical terms it is known as 'termination simplicitor'. for this the management need not give any reasons. but you are entitled to claim salary in lieu of one month notice. as per your letter it is clear that you were on contract basis year after year. i know as a practicising advocate i do understand that some of managements do like this. pl approach some union and explain your case. or apprach some advocate who take only workmen cases. all the best.

SOMA DAS (Asst. Teacher) 26 July 2012

RESPECTED SIR,

MAY I NOT GET JUSTICE? CAN I SURVIVE WITHOUT MONEY NEED FOR MY SURVIVAL? SCHOOL DID NOT OFFER ANY P.F. ACCUMULATED IN MY P.F. ACCOUNT. CAN I CLAIM ANY COMPENSATION?

SOMA DAS

9474600722

Ramachandar Desu (Attorney) 29 July 2012

yes. you can approach the school for claiming your pf. you need to submit the application to the school authorities. if they refuse to give details, then you can file an application under RTI, to the PF authorities asking about details of your pf account in Form-03, 06, and 12. you will get justice but you need to have patience and courage to do the things.

all the best.

may god bless you.

Sudhir Kumar, Advocate (Advocate) 03 August 2012

RTI is not applicable to private school.

She cannot approach school for PF there is no use if the have made evasion.

She can complain to the EPFO. Before doing so she can use RTI to know :-

(i) what report was received by education deptt regarding wages being paid to her.

(ii) whether any EPF accommulations have been deposited by school in respect of her and she can insist upon EPFO to provide copies of Form 3A submitted by the school.

If evations or part evasion has taken place then she can complain to the PF office a nd reques tthem to initiate proceedings under section 7A. and insist on her presence in the inquiry. EPFO will start proceedings.