CAT reinstates city school headmaster

Ishrat S Banwait

Tribune News Service

Chandigarh, October 20

After the UT rejected the extension plea of a national and state awardee headmaster of a government school here, the Chandigarh Bench of the Central Administrative Tribunal ordered his reinstatement. Notably, two other teachers were granted the extension under on similar grounds while Dharam Pal Sharma was refused the same. 

A state and national awardee teacher is allowed an extension of two years after attaining the age of superannuation i.e. 60. Dharam Pal had sought an extension on the basis of his state award. He turned 62 in 2016. He then sought an extension on the basis of his national award but it was turned down by the Administration on the ground that he was a headmaster, not a teacher. Dharam Pal prayed that he was a teacher when he received the awards.

However, Shekhar Chander, headmaster of the GMHS- 26, was granted extension on similar lines in November 2016. A lecturer of Sanskrit in the GMSSS- 40, RK Sharma was also granted extension in March 2016. Notably, Dharma Pal made representations for his extension in July and August 2016 and July 2017. However, these were rejected by the UT after which he approached CAT.

The counsels for Dharam Pal, GS Bedi and Pawandeep Singh, informed, “According to rules, national awardee teachers can either take two-year extension or Rs 50,000 for their services at the time of their retirement. The only ground for refusing them an extension can be unfit mental or physical health, which was not the case here. The extension can be sought till the age of 65.” 

The UT in its reply stated that as per the policy issued by the Education Department and approved by the Administrator in January 2009, only those teaching classes were eligible for a national award. So, the period served as a headmaster is not considered. Hence, they could not give extension to Dharam Pal. 

Dharam Pal replied to this by stating that the Administration had itself mandated the headmasters to take Classes IX to XII in a letter issued in May 2016. He informed that he was thus taking classes of general studies and moral value.

In its judgement, the bench directed the Education Secretary to issue a letter of re-employment to Dharam Pal for the remaining period within a month, failing which Dharam Pal would be entitled to salary with effect from the date of the order. 

Taking a note of the fact that two others were granted extension on similar lines, CAT observed, “The UT Administration has adopted the pick and choose policy, which is not legally permissible.”   

Can’t pick and choose: CAT 

• A state and national awardee, Dharam Pal, had sought an extension on the basis of his state award. He turned 62 in 2016. He then sought an extension on the basis of his national award but it was turned down by the Administration on the ground that he was a headmaster, not a teacher. 
• Taking a note of the fact that two others were granted extension on similar lines, CAT observed, “The UT Administration has adopted the pick and choose policy, which is not legally permissible.”