Orissa High Court Dismisses Appeal of Teacher Absent for Seven Years
The Orissa High Court has firmly dismissed a writ appeal filed by a Sikhya Sahayak who challenged her disengagement after remaining absent from duty for nearly seven years. The court emphasized that prolonged absenteeism in the education sector is "intolerable," particularly in teaching roles where abandonment of duties severely impacts students.
Court's Strong Stance on Abandonment of Duties
A division bench comprising Justice Krishna Shripad Dixit and Justice Chittaranjan Dash upheld a July 4, 2023, order from a single judge in a recent judgment. The bench stated unequivocally: "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, who was appointed in 2011 at an Upper Primary School in Gobindapur under Gajapati district, faced disengagement in October 2020 due to alleged unauthorized absence. Her legal counsel argued before the court that her 2021 representation against this action had not been properly considered by the authorities. However, the bench noted a critical fact: she had remained absent since June 20, 2013.
Details of the Seven-Year Absence
The court highlighted that the appellant had unauthorizedly abandoned her service as a teacher from June 20, 2013, amounting to roughly seven years of absence. A formal disengagement order was issued on October 20, 2020. The bench observed: "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."
In its order dated February 20, the court refused to grant any relief under constitutional jurisdiction, stating: "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." This order was officially uploaded on February 26.
Endorsement of District Administration's Action
The bench endorsed the actions taken by the district administration, specifically noting: "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." Consequently, the appeal was dismissed, reinforcing the court's stance against negligence in educational responsibilities.
This case underscores the judiciary's firm position on accountability in the education sector, where prolonged absenteeism is deemed unacceptable due to its direct impact on student learning and development. The ruling serves as a precedent for similar cases involving dereliction of duty by educators.
