Reinstatement of teacher
jagadish paranjape
(Querist) 22 April 2017
This query is : Resolved
This case relates to termination of shikshan sevak in one of the private aided school in maharashtra, who was found surplus by educational authorities.The teacher is reinstated by order of School Tribunal. with back wages.
since the school is aided ,is the state responsible to pay back wages. The education Dept. was ex. parte in the matter.
Regards
Guest
(Expert) 22 April 2017
Yes the school is liable to pay back wages. Apparently, if the teacher has been reinstated, his/her termination has been considered as wholly unjustified by the school tribunal.
jagadish paranjape
(Querist) 22 April 2017
The query is not properly answered.The school was aided school i.e, the salaries of the teachers was paid by state through grants.The teacher was terminated because the educational authorities of the state found him surplus.Now if the termination was found illegal,is not state Govt.education Dept.responsible?Why should school suffer for fault of Govt. authorities and was not Govt. duty bound to be present before the Tribunal, because the teacher was terminated on their directions?
Guest
(Expert) 22 April 2017
Dear Shri Paranjape,
The query has been answered fully according to the nature and facts made available through the query.
Aided or unaided, the salary arrears cannot be denied by the school after reinstatement, if termination was found wholly unjustified. The period between the termination and reinstatement will have to be treated as duty for all purposes. Of course, that is the headache of the school to ask for revised grant from the Government in view of the decision of the school tribunal. Being employee of the school, the teacher cannot be expected to raise her demand directly before the Government.
If not paid now and made liable to pay on judgment of the labour court or HC on her filing a case, the school would also become liable to pay the salaries along with costs. In that case, the Government will be liable to pay only the salary for the intervening period between the termination and reinstatement, while cost will have to be borne by the school from its own funds.
Rest depends upon your own wisdom, you also being a lawyer.
NANDKUMAR B SAWANT
(Expert) 22 April 2017
Sir with due respect to all.the aggrieved person can file writ petition at high court as exparte against said party and make appropriate prayers
P. Venu 
(Expert) 23 April 2017
Yes, the State is liable. It makes no difference that the State had remained ex-parte. The School is within its rights to demand back from the State, the expenditure so incurred.
jagadish paranjape
(Querist) 23 April 2017
Thanks to all Experts.Through query one gets all possible views of the matter,
warm regards.
Guest
(Expert) 23 April 2017
You are welcome.
Guest
(Expert) 23 April 2017
Agreed with Experts
T. Kalaiselvan, Advocate
(Expert) 09 May 2017
I agree to the view of experts who have expressed that the school authorities are responsible to pay the back wages of the reinstated teacher. It is for the school to get reimbursed or not.
