I work in kolkata's most prestigious school as an assistant teacher. My service was confirmed on the basis of my performance in the capacity of a 'COMMERCE & ACCOUNTS ' teacher and thereby i was made the permanent teacher of the institution. From the beginning of the session 2013 the principal forcefully thrusted on me to teach MATHEMATICS in lower classes which i am not at all conversant with. The principal after few months stared giving me threats that due to my inefficiency in teaching maths(even though my service was confirmed in the capacity of 'COMMERCE & ACCOUNTS teacher ), i should resign and he went on forcing me to put my resignation. When i refused to give my resignation , the principal by influencing the board of governors got my service terminated even though i was performing extremely well in my 'COMMERCE & ACCOUNTS subjects with the higher classes. Thus my confirmation of service was done on the basis teaching 'COMMERCE & ACCOUNTS subjects BUT my termination was thought on the basis of teaching another subject namely MATHEMATICS which i feel is very illegal and demeaning. Please advice me with your valuable suggestion.
Regards kk
From India, Kolkata
Regards kk
From India, Kolkata
Dear Lionrika,
I am no expert on law. However, what I find surprising is your claim that you do not know anything about teaching mathematics in lower classes. I am sure you would have studied those topics before graduating. I also did not understand what was demeaning: is it the termination or asking you teach a lower class.
Please also kindly give us information on the size of the school and the classes you were teaching and that you were asked to teach.
From United Kingdom
1624I am no expert on law. However, what I find surprising is your claim that you do not know anything about teaching mathematics in lower classes. I am sure you would have studied those topics before graduating. I also did not understand what was demeaning: is it the termination or asking you teach a lower class.
Please also kindly give us information on the size of the school and the classes you were teaching and that you were asked to teach.
From United Kingdom
the school has 4000 children and there are nearly 200 teachers. i find the termination illegal as the proportion of the punishment is more than the offence. should i take a strong legal action against the principal?
From India, Kolkata
From India, Kolkata
The decision whether to take legal action or not depends upon our personal circumstances and the opinion of a lawyer, not on what we feel is disproportional punishment. Knowing how slow the Indian courts met out justice, are you prepared to fight a long battle? Such a large school may have consulted a lawyer before terminating you.
I know unless we are prepared to fight injustices, things will remain the same or get worse. However, many of us do not have the will or the means. You are better off consulting a good lawyer.
Wish you all the best.
From United Kingdom
I know unless we are prepared to fight injustices, things will remain the same or get worse. However, many of us do not have the will or the means. You are better off consulting a good lawyer.
Wish you all the best.
From United Kingdom
Dear Lionrika,
Just for the sake of a useful response, I made a cursory reading of the West Bengal Board of Secondary Education Act,1963 and I believe that the Act would be applicable to the School in which you worked and unfortunately got sent out with ignominy as you have narrated. Section 22(3) provides for the constitution of an Appeal Committee for the service grievances of the teachers in recognized schools.Whether you preferred an appeal?
From India, Salem
Just for the sake of a useful response, I made a cursory reading of the West Bengal Board of Secondary Education Act,1963 and I believe that the Act would be applicable to the School in which you worked and unfortunately got sent out with ignominy as you have narrated. Section 22(3) provides for the constitution of an Appeal Committee for the service grievances of the teachers in recognized schools.Whether you preferred an appeal?
From India, Salem
Please confirm back to the forum the reason of your service termination mentioned in the termination letter. The school authority has to send you a domestic inquiry notice before hand.
From India, Ahmadabad
From India, Ahmadabad
Dear KK,
This is in addition to what Saji has said. What has happened with you is quite unfortunate. Before termination, your school should have conducted domestic enquiry.
I recommend you approaching labour officer of your area. Explain your problem. Show him the copies of the correspondence with the school authorities that you have. However, approach him only after getting all your dues and "Service-cum-Employment Certificate". Find out what he says. Further course of action is litigation. However, much depends on what advice he gives.
All the best!
Dinesh V Divekar
From India, Bangalore
This is in addition to what Saji has said. What has happened with you is quite unfortunate. Before termination, your school should have conducted domestic enquiry.
I recommend you approaching labour officer of your area. Explain your problem. Show him the copies of the correspondence with the school authorities that you have. However, approach him only after getting all your dues and "Service-cum-Employment Certificate". Find out what he says. Further course of action is litigation. However, much depends on what advice he gives.
All the best!
Dinesh V Divekar
From India, Bangalore
In the termination letter no reason was given for termination as in the school rules for staff, even a permanent teacher can be terminated without assigning a reason . I think we are devoid if the RIGHT TO INFORMATION ACT and moreover I believe that my fundamental rights have also been violated. I really cant explain what trauma i am going through regarding supporting my family. Please please help me.
From India, Kolkata
From India, Kolkata
In that case, I would echo Mr. Dinesh Divekar’s view to approach the local labor officer, but make sure that you get all the dues cleared before hand
From India, Ahmadabad
From India, Ahmadabad
Dear Lionrika,
It is very unfortunate that even courts do not allow teachers to go to Labour Courts by mearly saying that teaching is a nobel profession and hence not covered under the definition of workman under Industrial Disputes act. The schools take advantage of this legal position. However if my personal opinion is taken i would have given teachers the benefit of all the Labour Legislations.
However it doesnot mean that you cannot take legal action against the school.. Yes you can take legal action against them by filing a civil suit for breach of service contract.. However the probability of winning will depend on various factors like service conditions in the appointment letter and your documentary evidence against school.. You need a good Lawyer and you will be able to teach lesson to the arbitrary Principal. Mathematics is a different subject than accounting, please check if you were hired specifically to teach accounts and the same is written in appointment letter or not.
From India, New Delhi
It is very unfortunate that even courts do not allow teachers to go to Labour Courts by mearly saying that teaching is a nobel profession and hence not covered under the definition of workman under Industrial Disputes act. The schools take advantage of this legal position. However if my personal opinion is taken i would have given teachers the benefit of all the Labour Legislations.
However it doesnot mean that you cannot take legal action against the school.. Yes you can take legal action against them by filing a civil suit for breach of service contract.. However the probability of winning will depend on various factors like service conditions in the appointment letter and your documentary evidence against school.. You need a good Lawyer and you will be able to teach lesson to the arbitrary Principal. Mathematics is a different subject than accounting, please check if you were hired specifically to teach accounts and the same is written in appointment letter or not.
From India, New Delhi
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Illegal Termination Complaint under 2A of ID Act V3 - Updated.pdf
Termination letter.doc