The Meghalaya High Court has upheld the appeal by a teacher of North Eastern Hill University (NEHU) who was denied leave during the Covid lockdown although she performed her duty through online mode.
The division bench of Chief Justice Indra Prasanna Mukerji and Justice B Bhattacharjee gave its verdict on the appeal by Dr. Bela Keshan, a professor of Zoology in NEHU.
Just before the country wide lockdown was declared on March 20, 2020, Dr. Keshan took leave including station leave for three days and left for her residence in Kolkata. Covid had started to rage at that time and immediately thereafter, a country wide lockdown was declared by the Prime Minister. She did not come back.
However, on June 30, 2021, the Joint Registrar, Establishment-II of NEHU communicated to Dr. Keshan that as per the Executive Council resolutions she is required to apply for proper leave for the period of her absence from the NEHU headquarters for 171 days during the year 2020. It also stated that as per her leave record, she has only 72 days Earned Leave and 218 days Half Pay Leave at her credit and has to apply for leave in prescribed leave application format to be routed through the Head of Department of Zoology at the earliest for further necessary action on the matter.
Dr. Keshan’s lawyer N Sharma told the court that his client had between April 10, 2020 and December 7, 2020 conducted numerous classes online and sent a report of them to the Zoology Department of the university. He also said that there is nothing on record to suggest that the department did not accept the report or dissuaded Dr. Keshan from continuing to teach online.
Regular classes ultimately commenced on October 31, 2020. Dr. Keshan resumed her duties from December 11, 2020.
On July 5, 2021, Dr. Keshan made an application for leave as per the communication of NEHU dated June 30, 2021. However, NEHU directed her to comply with the directions in the communication dated June 30, 2021.
The High Court in its judgement passed on November 11 stated that the decision of NEHU in its communication dated June 30, 2021 “cannot be sustained”.
“Till the university started physical classes on October 31, 2020, the attendance of the appellant (Dr. Keshan) has to be regularised by treating those days she took online classes as on duty. However, we make it clear that her absence from October 31, 2020 till her rejoining on December 11, 2020 shall not be considered as her being on duty. Her leave application has to be considered accordingly. The decision dated June 30, 2021 of the Joint Registrar, Establishment-II is quashed and set aside,” the court said.
The High Court also directed the Executive Council of NEHU to revisit and reconsider its resolution dated December 20, 2020 and the decision dated June 30, 2021 of the Joint Registrar, Establishment-II and to give a reasoned decision within three months from the date of communication of this order after giving an opportunity of hearing to Dr. Keshan.
The division bench of the High Court also set aside the judgment and order passed by the single bench of the court on May 20, 2024.
