The single judge bench of Justice Manoj Kumar Tiwari of the Uttarakhand High Court in the case of Smt. Simmi Agarwal Vs Chief Education Officer, Nainital and others held that prior approval of the Competent Authority is necessary for terminating the service of a Teaching or Non-Teaching employee of a Government Aided Educational Institution.
Brief Facts:
The factual matrix of the case is that the Petitioner’s husband was a class IV employee in a government-aided educational institution and after his death, the petitioner applied for the compassionate appointment. However, no vacancy was there in the college where her husband was working so, the Chief Education Officer, Nainital directed the management of another Government Aided Inter College. Thereafter, the Petitioner was suspended on some frivolous charges and the termination letter was given to her by the manager. Then, the writ petition was filed.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the Petitioner contended that the order of suspension was passed without obtaining approval from the competent authority. It was furthermore contended that without waiting for the report of the Enquiry Committee formed by the Chief Education Officer, the management of the relevant college issued the termination order.
Observations of the Court:
The Hon’ble Court observed that A Teaching and Non-Teaching Employee cannot be Appointed in a Government Aided Institution without Prior Approval of the Competent Authority under the scheme of the Uttaranchal School Education Act, 2006, and the Regulations framed thereunder. Similar to this, prior Competent Authority consent is required to terminate an employee's employment at a government-aid school or College.
It was noted that the competent authority didn’t grant any sort of approval for putting the Petitioner under suspension and also for terminating her from service.
Based on these considerations, the court believed that the order of termination is not sustainable in the eyes of the law as prior approval of the Competent Authority is necessary for terminating the service of a Teaching or Non-Teaching employee of a Government Aided Educational Institution. The court quashed and set aside the order and directed the Respondent nos.2 & 3 to permit the petitioner to resume duties as Junior Assistant.
The decision of the Court:
With the above direction, the court allowed the Writ Petition.
Case Name.: Smt. Simmi Agarwal Vs Chief Education Officer, Nanital and others
Coram: Hon’ble Mr. Justice Manoj Kumar Tiwari
Case No.: Writ Petition (S/S) No. 211 OF 2019
Advocate for the Petitioner: Mr. Nikhil Singhal, Advocate
Advocate for the State: Mr. S.S. Chaudhary, Brief Holder
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