Allahabad HC seeks basic education director's explanation over teacher's dismissal a year after his death

Prayagraj (UP), Dec 7 (PTI) The Allahabad High Court has directed the director of education (basic), Uttar Pradesh, to file a personal affidavit explaining why dismissal proceedings were initiated against a teacher who had already died.

A bench of Justice Prakash Padia was hearing a petition filed by Priti Saxena, widow of assistant teacher Mukul Saxena. She moved the court after her family pension was stopped in December 2022 following an order by the additional director, (treasury and pension), Kanpur division.

"Nothing has been brought on record in the entire instructions that whether any order whatsoever has been passed by any authority till date by treating the appointment of late Mukul Saxena null and void. It is settled law that inquiry could not be started against the dead person," Justice Prakash Padia said.

Mukul Saxena had died due to Covid-19 on May 31, 2021, while the dismissal proceedings against him were initiated on July 18, 2022, more than a year after his death.

"In so far as the present case is concerned, it is clear from perusal of record that late Mukul Saxena died due to Covid-19 on May 31, 2021 and for the reason best known to the Director of Education (Basic), UP, letter dated July 18, 2022 was written by him for initiation of proceedings for dismissal of services of Shri Mukul Saxena," the court said.

Calling the conduct of authorities "very surprising", the court said, "Under what circumstances, the letter dated July 18, 2022 was written by the Director of Education (Basic) against Shri Mukul Saxena since he had already died." The court in its order passed on December 4 asked the director of education (basic), to file a personal affidavit. "The aforesaid affidavit be filed within a week from today, failing which he shall remain present before this Court on the next date- December 16, 2025." Mukul Saxena was appointed on the post of assistant teacher in primary school in 1996 on compassionate grounds. He joined the institution on October 25, 1996. While working on the post, he died on May 31, 2021 due to the Covid-19 pandemic.

Subsequently, his wife, the petitioner, started getting family pension and continued to get it till November, 2022.

Meanwhile, a letter dated September 17, 2022 was written by the district basic education officer, Farrukhabad to the finance and account officer stating that vide letter dated July 18, 2022 issued by the director of education (basic), UP, direction was given to dismiss the services of Mukul Saxena. Hence, it is stated that necessary orders be passed for stopping the pension of his widow.

Pursuant to the letter, an order dated December 19, 2022 was passed by the additional director, treasury and pension, Kanpur Mandal, by which the family pension of the petitioner was stopped.

Against this order, petitioner Priti Saxena moved to the court. PTI COR RAJ KVK KVK