Court Finds Abandonment of Service by Teacher Abroad, Supports School's Decision to Terminate Employment
In a significant ruling, the Kerala High Court has upheld the termination of a teacher from St. Joseph's Boys Higher Secondary School, who was absent for an extended period while working abroad. The decision, rendered by Justice Harisankar V. Menon, concludes a protracted legal battle concerning the teacher's employment status after he failed to return to his duties despite repeated instructions.
The teacher, appointed in 1993, initially took Leave Without Allowance (LWA) for employment abroad from September 2005. Despite subsequent extensions, his leave expired in August 2015, and he continued to stay in the USA, citing personal reasons. The school management, after multiple unheeded directives for the teacher to resume duties, initiated disciplinary proceedings, culminating in his termination.
The Court underscored that under Rule 56(4) of the Kerala Education Rules, 1959, teachers in private aided schools cease to be in service after a continuous absence of five years, regardless of leave status. Justice Menon emphasized that the teacher's continued absence, coupled with his failure to respond to disciplinary notices, constituted voluntary abandonment of service. Consequently, there was no necessity for further disciplinary action.
The judgment also highlighted the applicability of precedent cases where prolonged unauthorized absence was deemed a unilateral act of service abandonment by the employee. The Court dismissed the teacher's appeals and set aside previous orders against the school, affirming that the termination was lawful and justified.
The ruling clarifies the legal obligations of teachers under the Kerala Education Rules and the limitations on leave entitlements, reinforcing the school's authority to manage employment in compliance with statutory provisions.
Bottom line:-
Termination of employment due to abandonment of service by an employee who continued unauthorized absence abroad despite repeated instructions to rejoin duty. Rule 56(4) of Chapter XIVA of Kerala Education Rules (KER) applies to teachers in private aided schools, limiting continuous absence to 5 years.
Statutory provision(s): Rule 56(4) of Kerala Education Rules, 1959, Rule 75 of Kerala Education Rules, 1959
St. Joseph's Boys Higher Secondary School v. State of Kerala, (Kerala) : Law Finder Doc id # 2949022
