CUTTACK: Observing that prolonged absenteeism in the education sector is “intolerable”, the Orissa High Court dismissed a writ appeal filed by a Sikhya Sahayak who challenged her disengagement after remaining absent for nearly seven years.
A division bench of Justice Krishna Shripad Dixit and Justice Chittaranjan Dash, upholding a July 4, 2023, order of a single judge in a recent judgment, said: “Abandonment of duties for a long time creates a lot of difficulties in any employment, hardly needs to be stated. Therefore, the same becomes intolerable, more particularly in the realm of teaching. Abandoners therefore are not favoured by Courts, subject to all just exceptions, into which the argued case of the appellant does not fit.”
The appellant, appointed in 2011 at an Upper Primary School in Gobindapur under Gajapati district, was disengaged in October 2020 for alleged unauthorised absence. Her counsel argued before the court that her 2021 representation against the action had not been considered by authorities.
However, the bench noted that she had remained absent since 20 June 2013. “The appellant has unauthorisedly abandoned her service as a teacher from 20.06.2013; i.e., roughly for a long period of seven years. A formal disengagement order came to be issued on 20.10.2020. It is clear that she has made no attempt whatsoever in these seven years to resume her duty. She never bothered about the fate of school children, whom she had to teach. On the contrary, she was more concerned about her family.”
Refusing to grant relief under constitutional jurisdiction, the court in its order on 20 February said: “The conduct of the delinquent appellant militantly falls short of the obtaining standards and therefore she cannot be granted any relief in constitutional jurisdiction. Such a person cannot seek a writ remedy provided under the Constitution of India.” The order was uploaded on 26 February.
Endorsing the district administration’s action, the bench added: “The Collector-cum-Chief Executive Officer, Zilla Parishad, Gajapati, having considered conscious abandonment of solemn duties by the appellant, has rightly issued a formal order of removal.” The appeal was accordingly dismissed.
