Staff of unaided colleges to get appellate avenue

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June 13, 2013 | NEWS | Post by: admin

Chandigarh, June 12
Teachers and other employees working against unaided posts will now have an avenue to appeal. Before the month ends, they will be able to submit their pleas for adjudication before the Educational Tribunal.

For the purpose, “suitable amendment” is being carried out to the Punjab Affiliated Colleges (Security of Service) Amendment Act, 2007. Taking note of the developments, the Punjab and Haryana High Court has asked the state of Punjab and its functionaries to issue necessary instruction in this regard by June 30.

The directions came on a petition filed by Sonam Matharoo against the state of Punjab and other respondents. In the petition placed before the Division Bench of Justice Surya Kant and Justice RP Nagrath, the petitioner had contended that the employees of the unaided/affiliated colleges had not been provided remedy of appeal before the Educational Tribunal constituted under the Punjab Affiliated Colleges (Security of Service) Amendment Act, 2007.

As the case came up for resumed hearing, the state counsel told the High Court that a decision in principle had been taken to carry out a suitable amendment to the statute. After the needful was done, the teachers/employees working against unaided posts would have an appellate avenue before the Educational Tribunal. He submitted that a formal notification was likely to be issued within a month.

Taking up the matter, the Bench asserted: “We dispose of this writ petition with a direction to the state of Punjab to issue a formal notification by June 30. Needless to say that no sooner the remedy to appeal becomes available, the petitioner shall be entitled to submit her appeal before the Educational Tribunal, which shall then be decided in accordance with law”.

After repeated directions and rap on the knuckles by the High Court, the Punjab Government had set up the Tribunal. The Supreme Court has already made it clear that an Educational Tribunal is required so that the employees working in private unaided as well as aided educational institutions do not have to rush to ordinary civil courts and may get the redressal of their grievances expeditiously.

The government had set up the tribunal in 2008. But while constituting the body, the Punjab Government also notified an amendment whereby all college teachers working against unaided posts were taken out of the jurisdiction of the tribunal. On the other hand, no provision was made in the notification of February 7, 2008, to bring in the teachers working on unaided posts in the recognised schools for adjudication of their disputes pertaining to termination from service or those related to disciplinary action taken by managements.

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