HC says ReT, ad hoc, contractual teachers are entitled to leave

HC says ReT, ad hoc, contractual teachers are entitled to leave

JAMMU AND KASHMIR

Srinagar, March 30: The High Court today ruled that an employee, either working on ad hoc or contractual or in any other temporary capacity, cannot be denied medical leave by employer.

Disposing of a petition by a teacher, who was engaged on consolidated basis and denied medical leave by the authorities concerned authorities and later asked to resign, the HC observed that it could not be expected of a human being to continue to remain healthy and able bodied and to continue to discharge his/her duties regularly and without any fail.

Zohra Bano from Kargil was engaged as teacher on consolidated pay under the Sarva Shiksha Abhiyan vide an order dated October 17, 2005. Her selection was made on the pattern of Rehbar-i-Taleem scheme (ReT.)

However, during her engagement Zohra applied for medical leave which was denied by the Chief Education Officer, Kargil, on the ground that an ReT was not entitled to any kind of leave. She was then compelled to submit her resignation to the CEO concerned.

“Any employee, either working on ad hoc or contractual or in any other temporary capacity, cannot be denied leave as, because of the ailment, such employee will not be in a position to perform his/her duties. It cannot be expected of a human being to continue to remain healthy and able bodied and to continue to discharge his/her duties regularly and without any fail,” a single bench of Justice Muzaffar Hussain Attar observed in his orders.

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