Recovery Of Salary Of Teachers On Election Duty For Non-Performance Of Teaching Duty; Patna HC Asks Education Dept Not To Pass ‘Absurd’ Orders [Read Judgment]

Terming it an ‘absurd’ order, the Patna High Court has come down heavily on Education Department for ordering recovery of salary of teachers on the ground of not imparting teaching job but engaged in election duty.

If the petitioner refused to join election duty, he is liable to be prosecuted and disciplinary action. If he carried the direction and discharged the duty at the dictates of the district administration in election duty, then he has to suffer the liability of recovery of salary paid during that period on the alleged objection of office of Accountant General that the petitioner has not discharged teaching duty, Justice Anil Kumar Upadhyay said.

The court then directed the state to issue guideline to all officials concerned of the Education Department that henceforth no such orders are passed by the officers of the Education Department and if any such order has been passed, the officers are required to recall such order.

 “It is made clear that if any such objection has been raised by the office of the Accountant General, then the objection raised by Accountant General is absurd and the office of the Education Department is directed to ignore such objection henceforth,” the court remarked.

The court also directed the Principal Secretary of the Education Department to take immediate corrective measures and direct recall of the order with regard to all the 109 teachers, who have been saddled with the liability of recovery of salary on the ground of not imparting teaching job but engaged in election duty.

The judge also directed the department to pay a cost of Rs. 25,000 to the petitioner for forcing him to litigation.