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Can’t deny increment to teacher, rules HC
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Can’t deny increment to teacher, rules HC

Can’t deny increment to teacher, rules HC
Saurabh Malik
Tribune News Service

Chandigarh, April 29
In a significant judgment, the Punjab and Haryana High Court has ruled that increment cannot to denied to a teacher on the ground that he has not achieved hundred per cent results in each subject.

A Division Bench has, in fact, held: “Denial of increments on the sole ground of non-achieving of hundred per cent results in each subject cannot be sustained on the touchstone of reasonableness.”

This ruling by Chief Justice Ranjan Gogoi and Justice Kanwaljit Singh Ahluwalia came on a petition filed in 1993 by JBT teacher Usha Rani Sehgal against the managing committee of Khanna-based Hindi Putri Pathshala and other respondents. The Bench said: “To prescribe hundred per cent pass percentage in each subject is too onerous. If the unachievable standards are made to achieve, one is bound to falter…. Furthermore, no guidelines have been issued by the Education Department that a teacher should achieve hundred per cent results in each subject.

“Year after year, increments due to the petitioner were stopped, as she was not able to achieve hundred per cent results. Even if we assume the contention of the management that the petitioner had become deadwood, the best course which the management could have adopted was to dispense with the services of the petitioner.

“This would have necessitated a full-fledged departmental inquiry. Such a course was not undertaken by the management and instead it continued to stop increments year after year to frustrate the employee. We cannot appreciate this conduct of the management as a sound practice…. We accept the writ petition and set aside all the orders whereby the petitioner was denied benefit of increments with or without cumulative effect”.

Source Link: http://www.tribuneindia.com/2011/20110430/punjab.htm#4



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04-30-2011 12:12 PM
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