The Allahabad High Court while dismissing a petition said absenteeism of school teachers strikes at the root of the primary education in the country. The absentee has to be curbed in a strict manner as per law by the competent authorities.
A Single Bench of Justice Ajay Bhanot passed this order while hearing a petition filed by Poonam Rani.
The petitioner was initially appointed as an Assistant Teacher at Purva Madhyamik Vidyalaya, Anheda, District Bulandshahar and attached in Uccha Prarthmik Vidyalaya, Saimali.
By the impugned order, the attachment of the petitioner has been recalled and the petitioner has been posted to the junior high school, Anheda.
The Court said that it is settled law that transfer is an incident of service. The scope of judicial review in regard to transfer is limited. The order of transfer can be assailed on the limited grounds of being actuated by malice or in case it has been passed in violation of statutory provisions. No employee has an indefeasible right to continue indefinitely at one particular place of posting. The judicial authority is consistent.
The Court further said that no mala-fides or infraction of any statutory provision have been established in this case.
Moreover it is noteworthy that the impugned also contains recitals to the effect that the petitioner was leaving school before school hours and was not diligent in her work. Number of complaints were received by the villagers in this regard, the Court noted.
Absenteeism of school teachers strikes at the root of the primary education in the country. The absentee has to be curbed in a strict manner as per law by the competent authorities. If required, the competent authority shall initiate departmental enquiry against the petitioner for leaving school before school hours, the Court also said.
Moreover, the petition has been filed after a delay of three years. There is no satisfactory explanation for the aforesaid laches on part of the petitioner, the Court observed while dismissing the petition.
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