The dismissal of a primary school teacher who was absent for 1,535 days due to water phobia has been overturned, and he has been reinstated in the teaching service. The decision came after a judicial review application filed by Yahaya Wahi, the teacher, was granted by Ipoh High Court Judge K. Muniandy. The judge ruled that the decision to terminate Yahaya’s teaching service was improper, irrational, disproportional, and illegal.
In his judgment, Judge Muniandy highlighted the importance of Yahaya as a science and mathematics teacher and how his absence deprived students of his valuable skills. He questioned why the respondents, including the Education Ministry and government, did not act timely and impartially in Yahaya’s case. The judge also criticized the haphazard and unjust manner in which Yahaya was dismissed and the lack of transparency in the disciplinary process.
Yahaya, who had an exemplary track record and years of teaching experience, requested a transfer to a school accessible by land route due to his water phobia and personal circumstances. However, the transfer was not granted, which led to his prolonged absence from work.
Yahaya’s water phobia stemmed from a near-drowning incident in his childhood and the tragic death of his elder brother due to drowning. He received medical attention and was referred to a psychiatric department for evaluation. Despite his condition, he was not given the necessary support or alternative solutions to continue his teaching career.
The principal of SK RPS Kemar, the school where Yahaya was posted, initiated disciplinary action against him. Despite his attempts to discuss his case and request a transfer, Yahaya’s efforts were unsuccessful. He was eventually dismissed from his teaching service, and all his emoluments were stopped.
Judge Muniandy’s ruling stated that Yahaya should be reinstated to the teaching service immediately. The judge emphasized the need for openness, transparency, and procedural fairness in such cases. Yahaya’s dedication and exemplary service to the government as a teacher should have been considered, and he should have been provided with support and alternative arrangements to accommodate his condition.
This decision serves as a reminder to educational authorities to prioritize the well-being and rights of teachers, especially when they face medical conditions or other challenges. It is vital to ensure that teachers are given the necessary support to continue their valuable contribution to education.
Credit: The Star : News Feed
