Have worked in a school for a period of 4 years Have worked in a school for a period of 4 years

7 months ago

Have worked in this xx school for a period of 4 years as the head. I had a tiff with them during October 2022 and i lieu to this, i had put down my resignation on email on 5th Nov, 2022. Following which, I didnt receive any acknowledgement from the management for the resignation email.
However, I had to leave due to my parents health concerns in Dec 2022. By then the school had got another person, so I had done the handover and have the mail on it dated 2nd Jan, 2023. Further to this the management started harassing me when i asked for my last salary of December stating that i have done so many duties. Until that time, i was a very good worker and have evidence of facebook videos, the management praising me. Now they are denying to provide relieving letter to my new employer. And even they provide....they are stating it as termination, what should I do??

Legal Counsel Vidhikarya

Responded 7 months ago

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A.Dear Client,
From the contents of the query, it appears that an unethical issue has arisen out of a tiff and clash of egos between you and the school committee/management. Once you tendered your resignation and handed over your charge to the new incumbent you are considered to be discharged from your all obligations arising out of the contract of employment. So, on cessation of employment, the school management is duty-bound to issue a relieving letter to you along with F & F settlement dues. A resignation cannot be converted into termination in the absence of a statutory notice or show cause for any professional misconduct. Thus the action of the school management is an afterthought to victimize you with ulterior motives to exploit your career. In the prevailing situation, after serving a legal notice for the cause, a complaint against the School Management can be lodged over alleged victimization and illegal termination to the National Council of Teacher Education(NCTE) by addressing the letter directly to the Nodal Officer (Complaints), NCTE, and giving the specific facts of the matter. The complaints can also be lodged directly by sending an email: [email protected] for necessary action and for a resolution in the matter.. Teachers, whether private or public, are teachers, and they are the saviours and mentors of youth. The teachers of private schools may file a civil suit for declaration (u/s section 34 of Specific Relief Act, 1963, and mandatory injunction (u/s section 39 of SRA, 1963), praying for an order for recovery of arrears/dues. Please get in touch with a civil Lawyer for necessary guidance and steps.
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