| Address: Junagadh, Gujarat |
IT TOOK MORE THAN 17 YEARS; TO GIVE A NOWHERE TYPE JUDGMENT IN THE PRIMARY TRIBUNAL, WHICH RUINED MY LIFE.
I am a B.A.,B.Ed, worked as an Assistant Teacher in S.B.Vakil English School Cambay with a government Pay Scale from 15/6/78 to 3/5/1982.
Later I was appointed as the Principal of English school Kodinar,managed by Somnath Kelvani Mandal, Kodinar. Established in the year 1981, Mr. Upadhyaya B.P. was the school principal with a Secondary government pay scale of Rs 650-1200 plus DA, HRA etc. In the starting year of the school, nearly three Principals it had, including in-charge Principals, after Mr. B.D.Upadhyaya left the school.
During the starting year of the school, I was told to join English school Kodinar as the Principal of the school and told me to resign from S.B.Vakil School, Cambay and take the charge of Somnath Kelvani Mandal's School. I did not join then because I did not feel fit about it, as my conscience did not allow me to disturb the smooth academic year of the school, keeping my children in mind. I got the permission from the secretary and accordingly after completing the academic year I resigned and joined the Kodinar School as promised to me to pay government Pay Scale in writing by the Secretary.
I took the charge of the school of Somnath Kelvani Mandal Kodinar from Mr. Mehida on Dtd : 27/5/1982 as the principal of the school Kodinar. I was managing and looking after the Pre-primary school, Primary school and looking after the Secondary school too.
I had done the work of two full time teachers Plus office work from morning until late in the evening. Even after the school hours, I used to conduct extra classes in remote villages of Kodinar with the help of my dedicated sincere and hard working staff colleagues to bring awareness to the parents about the teaching of English and its importance. We though worked very hard we were not given even a single coin as extra allowance for the work we had done for its development, when it was needed most.
Seeing the work done for the development of the school, the secretary was kind enough to give me in writing certificates time to time that I had given a strong basic foundation in the initial stages of the school and brought it up step by step in the present standard that we have now.
As promised by the secretary to me in writing, of a government Scale, it was granted and given to all the qualified teachers including me from the year, December 1985 to October 1987. Again from November 1987 without informing anyone or me, the school Management fixed and consolidated our salary to just a mere small amount like I was given, when I joined the school.
Repeatedly I requested and reminded the school management to give the arrears of difference of salary and the Government Pay scale, they instead of granting the pay scale, appointed a new man in the school as principal cum administrator above me to see my activities. The School granted him, a high salary and extra allowance for keeping a watch on the primary section of the school. With the permission of the D.E.O the school appointed him, only to manage the Secondary Section of the English School and not the primary section.
The new man appointed for the secondary section did not even care to visit the Primary school in the afternoon shift to look after the teaching requirement of students and teachers etc. He did not even arranged a common meeting of both the shifts teachers, even a single time, still he was given high salary and extra allowances for the work he had not done at all.
He held the primary section, only to give me mental torcher, to insult me, hurt me, trouble me and bring me down in front of everyone. He without knowing the truth used to write unwanted notice, with the signature of the secretary. He cleverly kept himself away from putting his own signature on the notices given to me. In one of his notice, he wrote that I had drowned a small child in the open water tank in the compound of the school. He though administered the school, why he did not see the open water tank.
The secretary, without knowing the truth used to sign all the notices for me. In my speech on 26th January 1989 I said fixing colorful flags at the gate of the school giving different shades of painting to the building of the school alone will not develop the standard of the school further I told the requirement of teachers and students for the development of the school.
The school terminated for misconduct from my service without giving me any notice. I approached the Tribunal and the school approached the High Court, The court reinstated back to my post and job in the school.
After I joined the school, on 7/4/93 the school suspended me from my service. I complained to the D.E.O. Amerli about my suspension from the school. We were called to the D.E.O. Office, on dated 29/6/93 for hearing, the school and me. After hearing us and seeing the documents. The D.E.O ordered to cancel my suspension order and to reinstate me back to my post in the school with full salary. Further, the D.E.O. pointed out that the school management suspended me because I had asked salary as per the appointment order given to me and due to prejudice.
The school had arranged an inquiry against me with two sitting on dated 15 and 16/5/1993 with an Advocate retired from the High Court. He was given a lump some money for it to write report against me. He took the help of an assistant teacher who worked with me to sit with him to enquire and make the report against me. She does not even know to read and write Gujarati yet she signed the report made against me to give to the school for which he had taken money from the school.
Both the Advocate and the D.E.O. inquired the same matter; the D.E.O did not take money to enquire the case when I complained about my suspension order of the school. Whereas the Advocate of the High Court did not do the enquiry, free of cost, he remained faithful to the school for which he had taken money. The D.E.O remained faithful to his work and duty
In the meantime, the Tribunal also cancelled my suspssion order of 7/4/93 Even though the school did not take me back to my post in the school. The school kept me darkness about the application of the school to terminate me from service to the D.E.O Amreli dated 27/8/1993, and on 23/10/1993 I was terminated and dismissed from my service completely, in a cheating manner though I worked with dedication.
Against my order of termination, I approached the Primary Tribunal case No.365/93 after a long years of delay, finally on 22/6/09 the most Honorable judge of the Primary Tribunal on his chair of justice, in his two hours dictation to his steno, in the after noon sitting, after the recess break, dictated the verdict of my case in my presence in a very straight forward manner, without any twist or bump in balanced way in a clear cut manner, keeping the two parties in mind.
His dictation to his steno was purely in Gujarati, he did not use a complete sentence in English in his two hours dictation to his steno in the open court in my presence. The last paragraph that he dictated to the steno was that of the school keeping me in darkness about their notice to the D.E.O. about my dismissal from the school. The judge reacted very strongly to this, and dictated to the steno that my dismissal order of the school is illegal and cancelled. He further added and instructed the school that if they so wished they can exam me again in a lawful manner.
The court has not sent me the judgment copy of the 22/6/09 until today. Only on 4/10/10 I got a copy of it, of my advocate, and it was his own copy of the order. Why did he hide it from me? Why did he not inform me about it earlier when he got his copy, even though I remained in touch with him?
I was dismayed and shocked to see the printed copy of the judgment, which was a changed copy. It was not as dictated to his steno in the open court. I don’t know if there is any provision in the judicary system to change what has been told and dictated in the open court once. It is difficult for me to prove it as I had not recorded his dictation of the judgment. If I knew this, this would happen, this way I would have had done something.
No doubt, the Hon-Judge has cancelled my dismissal order of the school, he did not completely cancel it but he has referred it to the D.E.O to take decision of the same. He has lifted and washed off his hand from it and gave it to the school, to contact the D.E.O for a decision within 45 days of the release of the judgment. If it was to be referred to the D.E.O why then the Primary tribunal took more than 17 years to give a nowhere type judgment and ruined my life in this way. In the open court, he gave a clear-cut judgment …. He did not refer my case to any other department to take decision, in the open court, in my presence. The D.E.O. has already given a judgment in my favor about the same case matter, why then the same matter, the court told to refer again to the same education department. Why the court did not give me a clear cut judgment? Why did the court, did not give me a copy of the judgment until today as mentioned in the judgment copy? Why did my own advocate not give me his copy of the court order, to me in time?
What could be the reason for all these things? The same Primary Tribunal when I approached in the year 1989 for getting justice, the court reinstated me to my post, instructing to pay all my due salary and benefits within two months, the court then did not refer the mater to the education department as the court did now, in both the case, the reason for termination was misconduct. I cannot understand the reason for this. I am cheated and the court has ruined my time, money and my precious life. If it was just to refer to the education department, why it took more than 17 years and ruined my life.
Soon after I got the order from my Advocate after a year of the judgment on 4/10/10, I immediately wrote and send applications to the school management and to the education department to reinstate me back to my post and job with all my back wages and benefits. I have send reminders to them but I have not been given any reply till today. At least the education department should have given me a reply to several of my letters but education department did not bother to look into the matter I suffer for more than 17 years due to the injustice done to me by the school management and judiciary. I was told by a responsible person of the society after inquiring with the D.E.O. that it is not necessary to give any reply to non-aided private schools and trust, is it so?
Please sir, be kind enough to help me to get justice. Is it possible for me to appeal in the High Court as I am already late? I am late because the court has not sent the judgment copy to me to this day even and my advocate gave it to me very late after a year I was kept in the dark about the printed copy of the judgement order. I request you once again, don’t let me down, I need your help and your valuable guidance to get justice. I hope you will help me at your earliest.
Thank you,
Yours
Date : 10/12/2010
(George K.Verghese)
From :
George K. Verghese,
"Anmol" Panchwati Society,
Rabadiya plot, Chharazapa,
Kodinar – 362720 Dist : Junagadh (Gujarat)
4k.v.[protected]@gmail.com Mobile :[protected]
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