KUALA LUMPUR: A main faculty trainer who was dismissed in 2019 for being absent for 1,535 days attributable to water phobia has now been reinstated to the educating service.
This comes after the Ipoh Excessive Courtroom Decide Okay. Muniandy allowed a judicial evaluate software filed by Yahaya Wahi, 44, to quash his dismissal and be reinstated as a trainer at every other faculty which is reachable through a land route.
The science and arithmetic trainer named former Training Service Fee chairman Tan Sri Khair Mohamad Yusof, the Hulu Perak District Training Workplace, Perak Training Division, Training Ministry, and the federal government as the primary to fifth respondents.
Right now, Decide Muniandy dominated that the choice made by the respondents to terminate the applicant’s educating service and dismiss him from employment with the federal government was procedurally improper, irrational, disproportional and in the end unlawful.
“Thus, the applying by the trainer for judicial evaluate through certiorari of the choice made by the respondents to terminate his educating service and dismiss him from employment with the federal government of Malaysia is allowed. He’s additionally ordered to be reinstated to the educating service with the federal government forthwith,” mentioned the decide.
In his judgment made out there on the e-judgment web site, Muniandy mentioned in viewing the case objectively, college students have been disadvantaged of a precious science and arithmetic trainer, just because the respondents being the associated authorities didn’t act well timed and impartially in his case.
“The pivotal situation is that if his request to be transferred to show at a faculty which is pliable by land route was correctly and successfully attended to. If that has taken place, his educating service would have been positioned to helpful use within the curiosity of faculty training for youngsters within the space of science and arithmetic.
“It begs the query, what was utmost within the thoughts of the guardians of training to deprive college students of a devoted arithmetic and science trainer by the premature termination of trainer Yahaya’s profession?
“He’s not lumbered with disciplinary points however dealing with a extreme medical situation which has stymied him from educating on the faculty within the inside of Gerik, which wanted fast and pressing consideration by the respondents,” he mentioned.
He added, the choice made to dismiss him from educating service occurred haphazardly, unjustly and in opposition to pure justice and procedural equity and it was performed in a cavalier trend.
“Within the current age of openness and transparency, the primary respondent too had didn’t adduce minutes of assembly supporting the disciplinary course of and listening to which occurred when contemplating the applicant’s destiny to stay within the educating service with the federal government, to which he has accorded dedication and his service all of the whereas has been exemplary.
“To crown it up, trainer Yahaya was not knowledgeable of his proper to enchantment to a Disciplinary Attraction Board and no causes have been rendered by the primary respondent for his failure to take action,” mentioned the decide.
Yahaya, who graduated with a Bachelor’s in Science and Laptop with Training (Physics) from Universiti Teknologi Malaysia (UTM) began educating science and arithmetic in colleges on Jan 15, 2002.
He first taught at SM Sains Hulu Selangor for about six years and later served in Gerik. In whole, he has been educating for near 18 years with an exemplary observe report, evidenced by certificates of excellence.
In 2007, he utilized for a switch to show in any faculty in Gerik, in order that he could possibly be close to to his spouse (a trainer too) and kids, in addition to his aged mom, who lived in neighbouring state Kelantan. His switch was accepted and he taught at two colleges in Gerik.
On Dec 16, 2012, he was but once more transferred to SK RPS Kemar, which was positioned within the inside of Gerik. Nevertheless, he didn’t report for obligation and he reported for work solely on April 3, 2013. Subsequently, he didn’t train on the faculty till Could 16, 2017.
Yahaya’s tribulations started when he discovered that he needed to get to the college by boat throughout a lake. This mounted strain on him as he has a phobia of water, thus getting throughout to the college in a ship induced a paralysing worry in him.
He developed the phobia after a near-drowning incident when he was a baby. This was compounded when he witnessed his elder brother drown to demise.
He acquired medical consideration in a authorities hospital in Sungai Petani and was referred to its psychiatric division for additional analysis in 2015. There was additionally a medical report from KPJ Hospital, Ipoh in 2017 from a advisor psychiatrist about his situation.
On account of his phobia, he absented himself from faculty for a complete of 1,535 days, or about 4 years from April 3, 2013, to Could 16, 2017. He went again to show after he had found a land path to the mentioned faculty.
The principal of SK RPS Kemar, Gerik initiated disciplinary motion in opposition to him and on April 10, 2019, Yahaya acquired a letter from the primary respondent informing him that disciplinary motion was taken in opposition to him.
In accordance with Yahaya, he tried to debate his case with the authorities and requested one other switch, however to no avail. Yahaya was dismissed from his educating service and all his emoluments have been stopped efficient Aug 6, 2019. -Bernama