Section 20 in Code of Regulations for Matriculation Schools, Tamil Nadu
20. Terminations.
- (A) In respect of teachers or a member of non-teaching staff appointed temporarily or to act on probation, the management shall have power to terminate the services of such teacher or a member of non-teaching staff without notice for any or all of the following reasons: -(i)Wilful neglect of duty, serious misconduct, gross insubordination, mental unfitness, suspension or cancellation of teachers certificates by the Director under the Code of Regulations for Matriculation Schools.(ii)With notice of two months or two months salary in lieu thereof for the following reasons: -(a)Incompetence;(b)Retrenchment;(c)Physical unfitness or any other good cause.(B)In respect of teachers or a member of non-teaching staff appointed permanently, the management shall have the power to terminate the services of such teacher or a member of non-teaching staff without notice for any or all the following reasons: -(a)Wilful neglect of duty, serious misconduct, gross insubordination, mental unfitness, suspension or cancellation of teachers' certificates by the Director under the Code of Regulations for Matriculation Schools.(b)With three months notice or three months salary in lieu thereof for the following reasons: -(a)Incompetence; (b) Retrenchment; (c) Physical unfitness or any other good cause.Subject to the proviso given below:(i)The school authority shall not terminate the services of the said teacher or a member of non-teaching staff whether summarily or otherwise without informing him in writing of the grounds on which they intend to take action and giving him/her what in their view is a reasonable opportunity for stating his/her case in writing and before coming to a final decision shall duly consider his/her statement and if he/she so desires give him/her a personal hearing or conduct an enquiry.(ii)After the conduct of the personal hearing or enquiry by the management, a notice will be issued to him/her setting out the proposed punishment and he/she shall be given a reasonable time to defend himself/herself against the proposed punishment.(iii)It shall be lawful for the school authority at any time if satisfied on medical evidence that the said teacher or a member of non-teaching staff is unfit and is likely for a considerable period to continue unfit by reason of ill-health, for the discharge of his/her duties as such teachers or a member of non-teaching staff to terminate his/her services on paying him/her three months salary less any amount which may have been paid to him/her as leave allowance, after the date of his/her last appearance in the school, for the regular discharge of his/her duties as such teacher or a member of non-teaching staff subject to minimum of one month's full salary.(iv)That the said teacher or a member of non-teaching staff shall not during the period of this agreement when he/she has not been given notice for termination of his/her services by the school authority, or has not given notice to the school authority for such termination of his/her-services apply for an appointment under any other authority except through the school authority and the penalty for any breach of this may, at the discretions of the school authority, be dismissed from service. The school authority shall not refuse to forward such application but may declined to relieve him when the need arises unless he/she gives due notice or pays an amount equal to the salary for three months.(v)That the said teacher or a member of non-teaching staff when he/she becomes permanent member of the staff of the said school shall be entitled to have his/her services terminated either by giving to the school authority three months notice thereof in writing or by paying that authority three months salary in lieu of such notice.
