Private school in Gurugram told to pay sacked teacher couple Rs 50 Lakh

CHANDIGARH: The Punjab and Haryana high court has ordered a frontline private school in Gurugram to pay Rs 50 lakh to a couple who, it ruled, were sacked illegally from the posts of physical education teachers in 2015.
Following Parveen and Ajay Singh Shekhawat's termination from their jobs for not performing up to the mark, their three children, who were getting free education at GD Goenka School, were also removed.
Ordering the compensation, the court ruled, "Keeping in view the fact that there has been bad blood between the management and the respondents' employees in as much as three of their children had also been forced to leave the school where they were getting free education on account of the employment of their parents, the ends of justice would be served if Parveen Shekhawat is paid a total amount of Rs 20 lakh and her husband Ajay Singh Shekhawat is paid atotal of Rs 30 lakh as compensation on account of the illegal action of the school management in terminating their services without any enquiry."
This sum is adjustable with Rs 20 lakh that the couple received in 2018 from the school on the interim directions of the court.
The division bench of justices G S Sandhawalia and Harpreet Kaur Jeewan observed that the children would have faced harassment and humiliation, as a result of their parents' sacking. "The psychological impact of which cannot be gauged in any manner," the judges noted.
The judges made it clear that in case compensation is not paid by the school management within a month, the couple could return to the high court with a plea to enforce the Gurugram appellate tribunal's directions for them to be reinstated.
The division bench took up the case after GD Goenka School appealed against orders passed on December 8, 2017 by the appellate tribunal - comprising a district judge in Gurugram under Haryana Education Act, 2003 - and subsequently, a single-judge bench of the high court.
Ruling in favour of the Shekhawats, the tribunal concluded that the teachers, who were "confirmed employees", were terminated based on notices issued prior to the amendment of the Staff Service Regulations. "There was only one-month notice given whereas in the appointment letter dated August 17, 2004 and in the confirmation letter, the period of notice was required to be of three months," the tribunal held.
Citing the principle of a fair hearing, equity and justice, the tribunal stated that at least a regular inquiry should have been initiated against the employees with an opportunity for them to face the inquiry before their services were terminated. The school management had appealed against this order in the high court.