HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
WRIT PETITION No.3662 of 2019
ORDER :
This writ petition is filed seeking to declare the action of respondents in not allowing the petitioner to function from 20.06.2011 till 31.08.2013 i.e. till the date of her retirement and in directing her to appear before the District Medical Board for getting certification with regard to soundness of her mind, as illegal and arbitrary, and accordingly to set aside the proceedings dated 20.06.2011 issued by respondent No.3 and the charge memo dated 06.12.2012 issued by the 2nd respondent with a consequential direction to the respondents to treat the period from 20.06.2011 to 31.08.2013 as 'on duty' and pay arrears of salary for that period with all consequential benefits and also to pay pension with interest.
2. Heard the petitioner/Ms.Yasmeen Sultana, appeared in person, learned Assistant Government Pleader for Services-I appearing for respondent No.1 and Sri S.Bhupal Reddy, learned Standing Counsel for respondent Nos.2 to 4. Perused the record. 2
JS, J W.P.No.3662 of 2019
3. Case of the petitioner is that she joined the services of 2nd respondent-Society as a Trained Graduate Teacher on 18.12.1989 at Asifabad and was transferred to different places. While she was working at Quli Qutub Shah Urdu Residential School, Barkas, a baseless complaint was filed against her on 16.12.2002 stating that one boy by name Syed Zubair was missing from the school premises. On coming to know about missing of the boy, the petitioner directed the in-charge Mr.Iqbal Mohiuddin to lodge a Police complaint, which was not given in time, however, it was given on 21.01.2003. Thus, basing on the said allegation, the 3rd respondent-school had surrendered the petitioner's post to the 2nd respondent-Society and the petitioner was transferred from Quli Qutub Shah Urdu Residential School, Barkas to A.P. Residential School for girls, Nagarkurnool, vide proceedings dated 19.08.2003. Challenging such transfer, she filed W.P.No.6047 of 2004, which was allowed by order dated 07.12.2004 setting aside such transfer. Pursuant to said order, the petitioner was retained at Quli Qutub Shah Urdu Residential School, Barkas, vide proceedings dated 29.12.2004, and accordingly, she joined the said school on 3 JS, J W.P.No.3662 of 2019 30.12.2004. It is stated that an inquiry was held on 24.04.2003 on the complaint about missing of the boy, wherein, it was proved that the petitioner was in no way concerned with the missing of the said student/Syed Zubair.
4. It is further stated that the petitioner has made a representation to the respondents vide letter dated 11.01.2005 requesting to pay her the arrears of salary and allowances for the period from January, 2003 to December, 2004, but the said request was rejected vide proceedings dated 30.03.2005 on the ground that she had not worked for the said period because of pendency of writ petition, and therefore, she was not entitled for salary for the said period. In this regard, the petitioner has made another representation on 03.04.2005 and also issued legal notice on 08.04.2005, to which, the respondents vide letter dated 20.04.2005, have replied that in the judgment of this Court in W.P.No.6047 of 2004, only the transfer was stopped but there was no direction with regard to payment of salary for the period from January, 2003 to December, 2004. Therefore, the petitioner has filed W.P.No.14808 of 2005 seeking direction for payment of salary from January, 2003 4 JS, J W.P.No.3662 of 2019 to December, 2004, which was partly allowed by order dated 26.11.2015, holding that she was entitled to claim salary from the date on which her post was surrendered to the 2nd respondent- Society till the date on which she was given posting orders i.e. from 28.01.2003 to 19.08.2003. Pursuant to the said orders, the petitioner has made a representation to the respondents on 15.12.2015 to pay salary for the period from 28.01.2003 to 19.08.2003 and the respondents have complied with the said orders in W.P.No.14808 of 2005. It is further submitted that aggrieved by the orders in the above writ petition, which was allowed in part, the petitioner has preferred writ appeal in W.A.No.79 of 2016, which was allowed by a Division Bench of this Court, holding as under:
"This being the factual situation, we are of the opinion that once the transfer order dated 19.08.2003 was subjected to challenge by the petitioner and she eventually emerged successful therein and the same attained finality, her failure to abide by the said transfer order cannot be held against her. To hold to the contrary would practically negate the order passed by this Court in W.P.No.6047 of 2004. With due respect, the learned single judge overlooked this crucial aspect of the matter.
The Writ Appeal is therefore allowed. The petitioner is held entitled to salary and allowances for the entire period from January, 2003 to December, 2004. The 5 JS, J W.P.No.3662 of 2019 respondents shall remit the amounts due in this regard expeditiously and in any event, not later than eight weeks from the date of receipt of a copy of this order."
It is stated that the respondents have complied with the above order also and paid complete salary for the period from January, 2003 to December, 2004.
5. It is the further case of the petitioner that pursuant to the orders of this Court in W.P.No.6047 of 2004, she continued her services in the 3rd respondent-school till 20.06.2011, on which date, the impugned proceedings were issued calling upon her to get the medical certificate with regard to her mental soundness. It is stated that when similar order was passed on 20.03.2009 asking her to get such medical certificate, she submitted a representation to the then Hon'ble Chief Justice of this Court, upon which, the respondents allowed her to work in the school and again, the present orders are passed. It is stated that her further representations made to the Hon'ble Chief Justice of this Court were forwarded to the Telangana State Legal Services Authority for necessary action. It is the case of the petitioner that she is with sound state of mind 6 JS, J W.P.No.3662 of 2019 right from the date of joining in service till date and pursued the writ petitions and writ appeal before this Court. It is also stated that the respondents have awarded her, the Certificate of Honour on the occasion of Teachers' Day on 05.09.2009, in recognition of her dedicated services towards the cause of education in the 3rd respondent-school, and thus, the question of her being mentally unsound, would not arise. It is her case that the respondents, by keeping grudge in their minds as she questioned her transfer orders earlier, have passed the impugned orders calling upon her to get medical certificate about her mental soundness.
6. It is stated that the respondents have initiated three inquiries against her and advised to appear before the District Medical Board of Ranga Reddy District to get certificate about her mental soundness, only on the ground that she submitted lengthy representations on flimsy grounds. It is also stated that she was not served with any of the inquiry reports, however, vide proceedings dated 08.10.2010, the 2nd respondent has imposed the penalty of withholding of two annual grade increments with cumulative effect. It is stated by the petitioner that after all these proceedings, 7 JS, J W.P.No.3662 of 2019 the 3rd respondent-School, by referring to the earlier incident of missing of student, relieved the petitioner from service vide proceedings dated 20.06.2011, asking her to get medical certificate with regard to her mental soundness, and thereafter, she was not allowed to work in the school inspite of her making repeated representations to the respondents. Accordingly, she prays for salary for the period from 20.06.2011 to 31.08.2013 and also for pensionary benefits from 01.09.2013 and other consequential benefits for which she is entitled to, with interest.
7. Respondent Nos.1 and 2 have filed counter affidavit and additional counter affidavit. The gist of the said affidavits is that the petitioner had worked at various residential institutions since 1992 and that while she was working at Quli Qutub Shah Urdu Residential School, Barkas, a complaint was received from the father of a student of VIII Class by name Zubair Ahmed stating that the petitioner was responsible for missing of the said student. Basing on the said allegation and also in view of the disobedience of the petitioner, the principal of the said school had surrendered the services of petitioner to the office of the 2nd respondent and a 8 JS, J W.P.No.3662 of 2019 preliminary inquiry was conducted on 23.04.2003. The inquiry officer had given a report stating that the petitioner was irresponsive, adamant, creating unnecessary problems, harassing the staff and students, used to give corporal punishments to the students and that she was in the habit of taking the students to her residence. The inquiry officer further reported that sufficient work load was not there in the said school for three Teachers in English subject, therefore, among other things, a suggestion was made to transfer the petitioner. Accordingly, the petitioner was transferred to A.P. Residential School (girls), Nagarkurnool on administrative grounds, vide order dated 19.08.2003, but she did not join there inspite of several reminders and filed W.P.No.6047 of 2004 challenging the transfer. The said writ petition was allowed on 07.12.2004 with the following directions:
"In the said circumstances, the Writ petition is allowed and the impugned orders are set aside. However, it will be open for the respondents to take any action in relation to the allegations or any complaints received against her."
In view of the above orders, the petitioner was re-posted at Quli Qutub Shah Urdu Residential School, Barkas vide orders dated 9 JS, J W.P.No.3662 of 2019 29.12.2004 pending disciplinary action, and the petitioner reported to duty.
8. It is further stated in the counter affidavit that as per the orders of this Court and as per the inquiry report, the articles of charge were issued to the petitioner vide proceedings dated 16.07.2005, to which, the petitioner has submitted a lengthy defence statement quoting irrelevant proverbs and incidents, without specifically denying or accepting the charges. Thereafter, the petitioner filed W.P.No.14808 of 2005 for payment of salary for the period from January, 2003 to December, 2004. Later, the petitioner was transferred from Quli Qutub Shah Urdu Residential School, Barkas to TSR School, Ibrahimpatnam, Ranga Reddy District, where, she joined on 15.11.2006. As the petitioner was making lengthy representations without any specific reason, she was advised to appear before the District Medical Board, Ranga Reddy District vide proceedings dated 20.03.2009 for examination with regard to her mental status. The Principal of the school also made a complaint against the petitioner with regard to her misbehavior, misconduct and disobedience. Along with the letter 10 JS, J W.P.No.3662 of 2019 of Principal, he has enclosed the letters of the Inspector of Police, Ibrahimpatnam etc., wherein, it is stated that the petitioner believes in black magic and that she was suffering with psychological disorder.
9. It is further stated in the counter affidavit that the Deputy Secretary of Telangana Region submitted enquiry report through letter dated 04.08.2010 and basing on the said report, a penalty of withholding of two annual grade increments with cumulative effect was imposed against the petitioner vide proceedings dated 08.10.2010. Further, vide orders dated 03.06.2011, the Principal of the school was instructed to relieve the individual from duties to appear before the Medical Board for examination and accordingly, the petitioner was relieved on 20.06.2011 to appear before the District Medical Board. However, inspite of issuing several reminders, the petitioner did not appear before the Medical Board. As per the report of the Principal of the school, the petitioner had absconded from duties from 20.06.2011 till the date of her retirement on superannuation i.e. 31.08.2013 and the petitioner did not submit any representation till today, for regularization of such 11 JS, J W.P.No.3662 of 2019 period. It is stated that payment of arrears of salary during the period of her absence from 20.06.2011 to 31.08.2013 with all consequential benefits including pension, would depend upon the submission of medical fitness certificate obtained from the District Medical Examination Board regarding her sound mental state. Accordingly, prayed to dismiss the writ petition.
10. Petitioner has filed reply affidavit denying the averments made in the counter and additional counter affidavits. In the reply affidavit, the petitioner has reiterated the contentions made in the writ petition and prayed to allow the writ petition as prayed for.
11. The root cause for the controversy in this case is missing of a student by name Syed Zubair on 16.12.2002 from the premises of Quli Qutub Shah Urdu Residential School, Barkas, where the petitioner was working at relevant point of time. It is not in dispute that the petitioner is teaching staff working as a Trained Graduate Teacher. Therefore, when the said incident of boy missing had happened, she requested the in-charge/Mr.Iqbal Mohiuddin to lodge a Police complaint, which was not given in time. It is 12 JS, J W.P.No.3662 of 2019 alleged that the petitioner had taken letter from the missing student and threatened him not to reveal the contents of the letter, due to which, the student did not return home. The further allegations levelled against the petitioner are that she used to give frequent representations on flimsy grounds without any basis.
12. As could be seen from the record, none of the allegations levelled against the petitioner reflect her unsound mind. The respondents, without any basis, have initiated inquiry against the petitioner for missing of a student and the said inquiry concluded in favour of petitioner. With regard to the allegation of mental unsoundness of petitioner, as has been levelled by the respondents, it is to be seen that the petitioner has filed W.P.No.6047 of 2004 challenging her transfer from the school at Barkas to Nagarkurnool and got orders in her favour. She has also filed W.P.No.14808 of 2005 for payment of salary for the period from January, 2003 to December, 2004 and when the said writ petition was partly allowed, feeling aggrieved of it, she filed W.A.No.79 of 2016 and could get orders in her favour. In addition to it, in the present writ petition also, the petitioner has appeared in person and argued the 13 JS, J W.P.No.3662 of 2019 matter on her own. All these instances disprove the allegation of respondents with regard to the mental unsoundness of petitioner. It is apt to mention here that the respondents themselves have awarded the petitioner with the Certificate of Honour on the occasion of Teachers' Day on 05.09.2009, in recognition of her dedicated services towards the cause of education in the 3rd respondent-school. Therefore, this Court is of the considered view that the respondents, without establishing any of the allegations made against the petitioner, have acted in arbitrary manner - (i) by directing the petitioner to appear before the District Medical Board, Ranga Reddy District for getting certificate about her mental soundness; (ii) by not paying arrears of salary; and (iii) by not finalizing her pensionary benefits. Hence, the impugned orders passed by the respondents are liable to be set aside.
13. Accordingly, this writ petition is allowed, setting aside the Proceedings dated 20.06.2011 issued by the 3rd respondent in Rc.No.58/APRS/09-10 and the Proceedings dated 06.12.2012, issued by the 2nd respondent in Rc.No.1217/A2-2/2012. The respondents are directed to pay arrears of salary to the petitioner 14 JS, J W.P.No.3662 of 2019 for the period from 20.06.2011 to 31.08.2013, if not already paid and they are further directed to finalise the pensionary benefits payable to the petitioner by treating the period from 20.06.2011 to 31.08.2013 as 'on duty'. This exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
____________________ JUVVADI SRIDEVI, J Date: 13.09.2023 ajr