Published On: Thu, Aug 20th, 2015

Whistleblower teacher terminated for absenteeism

Lucknow: The Uttar Pradesh government has terminated the services of the primary school teacher on whose PIL the Allahabad High Court ordered all government servants, elected representatives and members of judiciary to send their children to state-run primary schools.

Shiv Kumar Pathak. Photo Courtesy: ABP News

Shiv Kumar Pathak. Photo Courtesy: ABP News

“Shiv Kumar Pathak was taking primary teachers training at BRC centre, Bhadeya block in Lambhua tehsil here. He used to remain absent. As no leave is given during training, an explanation was sought from him but it was not satisfactory after which training was discontinued on August 13,” Basic Shiksha Adhikari Ramesh Yadav said.

Pathak, however, said whenever he had gone to court, he had taken leave and he had the receipt as well.

“I will approach the court if the state government doesn’t do justice with me. I have received the letter on August 17,” he said, claiming that in the letter it was stated, “As you go to court regularly and did not discharge your duties, you are not fit for becoming a teacher. You stand terminated.”

On the PIL of Pathak, Allahabad High Court had on August 18 asked the Uttar Pradesh Chief Secretary to ensure that government servants, elected representatives and members of judiciary “and all other persons who get any benefit or salary from state exchequer or public fund” send their children to primary schools run by state Board for Secondary Education.

Passing the judgement, Justice Sudhir Agarwal also ruled that “penal provisions” be laid down for those who violated the order.
“Appropriate provisions can be made by government so as to ensure that ward(s)/child/children of persons are compelled necessarily to receive primary education in the primary schools run by the Board,” the order said.

The order came on a petition filed by Pathak and others who had challenged the process of selection of associate teachers for government-run primary and junior high schools in UP for the years 2013 and 2015.

The court pulled up the state’s Basic Education department for “mindless, negligent, casual amendments” in rules pertaining to appointment of teachers, besides “defective Government Orders” issued from time to time which paved way for “multifarious litigations resulting in not only delay in appointment of primary teachers but also a very heavy pressure on this court”.


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