Retrenchment on account of abolition of posts.- Rule no 26- MEPS

26. Retrenchment on account of abolition of posts.-

(1) The services of a permanent employee may be terminated by the Management after giving him 3 notice or 3 months pay (together with allowances) in lieu of notice, on the following ground, namely:-

(i) Reduction of establishment owing to reduction in the number of classes of divisions, 

(ii) Fall in the number of pupils resulting in reduction of establishment. 

(iii) Change in the curriculum affecting the number of certain category of teachers.

(iv) Closure of a course of studies or of the school itself. 

(v) Any other bonafide reason of similar nature.

(2) Termination of services under sub-rule (1) above shall be subject to the following conditions, namely:

(i) The principal of seniority shall ordinarily be observed. 

(ii) Prior approval of the Education officer or in the case of the junior college of education the Deputy Director shall be obtained by the management in each and every case of retrenchment including cases in which the principle of seniority is proposed to be departed  from and a senior member of the staff is proposed to be retrenchment when a junior member should have been retrenched.

(iii) The employed whose services are proposed to be terminated shall be absorbed by the Education Officer or as the case may be, the deputy director in other schools. Till the employees are so absorbed the management shall not be permitted to close down the classes or divisions or to effect retrenchment on account of any other reason mentioned in sub-rule (1) above. 

(3) If posts retrenched are revived or additional posts for the same subjects are created, the management shall, by a letter registered post acknowledgement due addressed to the employee who retrenched and absorbed in other school, give him the first opportunity of re-joining services in the school. For this purpose the employee shall communicate to the Management his address and availability for the job every year before April by a letter sent by registered post acknowledgement due. 

(4) The retrenched person who may have been absorbed in other school shall have an option either to get repatriated to his original school or to continue in the school in which he has been absorbed. 

(5) If the employee opts to continue in the school in which h has been absorbed or if no written reply of the letter addressed to him employee within a fortnight from the date of receipt of the letter containing such an offer the Management shall be free to fill the posts by appointing some other qualified person or persons. 

(6) In the event of the employee opting to get repatriated to the original school he shall be restored to his original position in pay, seniority etc.