Unfair Termination Reversed: Supreme Court’s Landmark Ruling on Kendriya Vidyalaya Teacher’s Reinstatement

The case of Mangilal Kajodia vs. Union of India & Ors. revolves around the wrongful termination of a Kendriya Vidyalaya teacher, Mangilal Kajodia, and his prolonged battle for reinstatement. This legal battle, which spanned over a decade, sheds light on issues of wrongful dismissal, fair administrative procedures, and the role of judicial intervention in employment disputes.

The Supreme Court ruled in favor of the petitioner, directing his reinstatement while modifying the government’s decision to treat the period of absence as ‘dies non’ for salary purposes. The judgment is crucial in clarifying the rights of employees facing arbitrary dismissals and the importance of procedural fairness in administrative decisions.

Background of the Case

Mangilal Kajodia was employed as a Primary Teacher (PRT) in Kendriya Vidyalaya Sangathan (KVS) since 1981. His troubles began when he was transferred from Kendriya Vidyalaya, Dewas (Madhya Pradesh) to Kendriya Vidyalaya, Kargil (Jammu & Kashmir) in May 2008. The petitioner alleged that his transfer was a retaliatory act by KVS, as he had actively raised concerns over financial irregularities, including the mismanagement of school funds.

Instead of reporting to Kargil, the petitioner protested against the transfer order and engaged in a hunger strike. KVS deemed his actions as unauthorized absence and issued a show-cause notice. Ultimately, he was removed from service on July 21, 2008, on the grounds of voluntary abandonment of duty.

Legal Issues Considered

• Was the termination order issued by KVS legally valid?
• Did the petitioner’s non-compliance with the transfer order amount to voluntary resignation?
• Was the disciplinary action taken against the petitioner proportionate?
• Should the period of absence be treated as ‘dies non,’ impacting salary and pension benefits?

Arguments of the Petitioner (Mangilal Kajodia)

• The petitioner argued that his termination was malafide and a retaliatory measure for exposing financial irregularities.
• He contended that his transfer to Kargil was issued arbitrarily, without considering administrative convenience or personal hardships.
• He further asserted that he had sought a review of the transfer order and had continuously appealed against his termination but was denied a fair hearing.
• He pointed out that the dismissal order was unreasoned and violated the principles of natural justice.
• He relied on the fact that the Madhya Pradesh High Court had earlier criticized KVS for procedural lapses and had directed a review of the matter.

Arguments of the Respondents (Union of India & KVS)

• The respondents argued that the petitioner willfully disobeyed the transfer order and failed to report to his new posting in Kargil.
• They contended that his prolonged absence from duty justified the termination.
• They further claimed that the petitioner was given multiple opportunities to explain his absence but failed to do so satisfactorily.
• The government maintained that while reinstatement was possible, his period of absence should be treated as ‘dies non’—meaning he would not receive back wages or benefits for the years he remained out of service.

Supreme Court’s Analysis

• The Court noted that the petitioner had been fighting against his termination for over a decade, demonstrating that he had not voluntarily abandoned his job.
• It observed that the transfer order to Kargil was issued during the summer vacation, raising questions about whether the petitioner was given reasonable time to comply.
• On the issue of dismissal, the Court held that the termination order lacked justification and failed to adhere to principles of natural justice.
• However, the Court also found that the petitioner did not join his new post and remained absent for a prolonged period, justifying some disciplinary action.
• It ruled: “The interest of justice lies in reinstatement while ensuring that the period of absence does not unfairly impact future salary and pension benefits.”

Final Judgment

The Supreme Court ordered the reinstatement of the petitioner with the following conditions:

• His removal from service was reversed, and he was restored to his position.
• The period from his termination (July 21, 2008) to his reinstatement would be treated as ‘dies non,’ meaning he would not receive back wages for that period.
• However, the Court directed that his salary be fixed with notional increments to ensure that his pay scale was not unfairly reduced due to the break in service.
• The Court instructed KVS to issue a pay fixation order accounting for all increments he would have received had he remained in service.
• The petitioner was granted three weeks to rejoin duty at a place determined by KVS.

This ruling is a significant precedent in employment law, reaffirming that administrative actions must be fair and proportionate. The Supreme Court’s balanced approach ensures that wrongful termination does not lead to undue hardship while still maintaining disciplinary control over employees.

Petitioner Name: Mangilal Kajodia.
Respondent Name: Union of India & Ors..
Judgment By: Justice R. F. Nariman, Justice S. Ravindra Bhat.
Place Of Incident: Dewas, Madhya Pradesh.
Judgment Date: 08-01-2020.

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