School Teacher Suing Headmistress No Reason To Withhold Teacher's Annual Increments: Chhattisgarh High Court

"The Petitioner has been denied the above benefits only on the ground that she had preferred a civil suit against the Head Mistress of the school and even after being asked she did not withdraw the said civil suit. This only reason for withholding the annual increment and the benefit of 6th Pay Commission is arbitrary."

The Petitioner was employed as an Assistant Teacher at the Respondent-school since 1997. Though all the teachers were paid their increased pay from July, 2009 as per 6th Pay Commission, the Petitioner was denied this benefit because she had filed a civil suit against the school's headmistress.

She averred that despite a request made by CBSE to clear her dues, the school maintained that unless and until she withdraws the civil suit, she will not be granted the benefits. Hence, this petition.

At the outset, the Court dismissed the school's challenge to maintainability of the petition, holding that the institution performs a public duty and is hence, very much amenable to writ jurisdiction under Article 226 of the Constitution. Reliance was placed on Marwari Balika Vidyalaya v. Asha Srivastava, (2020) 14 SCC 449.

The school also argued that since the Petitioner had filed the civil suit, they were awaiting the result of the civil suit and the payments of revised pay and annual increment were kept in abeyance, which does not amount denial of the payments.

The Court noted that the said suit was already dismissed. Moreover, there was also nothing on record to show that any disciplinary action has been taken against her

Thus, the petition was disposed with a direction to the Respondents to pay all the monetary benefits and dues of the Petitioner as early as possible, preferably within a period of one month.

Case Title: Ku. Veena Pal v Sri Sankara Education Society

Citation : 2022 LiveLaw (Chh) 56

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