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manager refused to maintanance work, so no fitness certificate, hence no salary to teachers !

Querist : Anonymous (Querist) 17 January 2011 This query is : Resolved 
dear sirs,

sir,

I am one among the 55 teachers working at an aided secondary school, in vadakara ednl.district.I am hereby seeking for your legal advice for all of their interest,but not by their demand ,from my own will.There has been a dispute pending in the Hon.High Court of Kerala, regarding the ownership of our school management.As you know,in aided schools, managers are entitled to do the yearly maintenence works of their school,get the building fitness certificate from the engineer concerned,and produce it before the District Education Officer every year.Unfortunately,as a result of the recent developments of the case at HC,the at present- manager has not, till this date, made the maintenance work and so no fitness certificate produced to the authority concerned.The fact is that he hesitates to spend money fearing that he may lose the case.Resultingly the DEO refused to sanction our salary bill for the month of December.The teachers have performed their duty well by teaching children in the classes provided to them, the last month too, but they are not paid for none of their fault.Everyone,including the officers,know that teachers are not responsible for non-produce of the building fitness certificate.When the regular monthly income is ceased,it has gravely affected 55 families,not mere 55 individuals.My earnest plea in this case is how the law can help us.What should/could we do to tackle this problem ? Could you please provide us with an effective legal advice?

With much expectation...

Looking forward to hearing from you,
thanking you sirs,
Kirti Kar Tripathi (Expert) 18 January 2011
this is a dispute between management and District Education Officer. So teachers can not be denied salary for the period they worked. You can file writ petition against District Education Officer as well as management for payment of salary.
Uma parameswaran (Expert) 18 January 2011
Implead as a party in the existing Writ petition and file petition for your problem.See the existing norms for the Aided institution in your state.


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