Yasmeen Sultana vs The State Of Telangana
2023 Latest Caselaw 2307 Tel

        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.

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

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

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

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

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,

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

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

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

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

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

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

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

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