A school did not approve the salary for a teacher's period of absence as he failed to submit a medical fitness certificate following the regulations. Later, based on the teacher's application, the Board of Secondary Education cancelled the school authority's decision and directed that he be granted paid leave. The school authority fought against that directive at the Calcutta High Court and secured victory. Recently, Justice Amrita Sinha upheld the school authority's decision.
Abhijit Upadhyay, headmaster of Puchra Bhagwan Mahavir Digambar Jain Sarak High School located in Barabani, West Burdwan district, said that the English teacher Utsabmukhar Sarkar did not come to school from October 21, 2011, to June 1, 2014. When he joined work on June 2, he cited physical illness as the reason for his absence, but did not submit a medical fitness certificate as required by regulations to get paid leave. The headmaster said that while the teacher was allowed to rejoin work, paid leave was not approved. Against this decision of the school, the teacher applied at the district and state levels of the education department, demanding paid leave. He also submitted a petition to the Board of Secondary Education.
The district school education department directed that the teacher be granted paid leave. When the headmaster did not comply with that directive, the Board of Secondary Education summoned him. The headmaster said, "I submitted my statement with evidence to the board. But written instructions came from the board that the teacher should be granted paid leave." However, in a meeting of the school management committee, it was decided to challenge the board's directive by filing a case in the High Court. The hearing was held in Justice Amrita Sinha's court. Abhijit said, "The judge dismissed the Board of Secondary Education's directive and upheld the school authority's decision." Regarding this verdict, the concerned teacher, Utsabmukhar Sarkar reacted, "It's a one-sided judgment. My side has been ignored."
