MAHATHMA GANDHI MEMORIAL EDUCATIONAL SOCIETY (REGD Vs. DIRECTOR, & APPELLATE AUTHORITY, PRE-UNIVERSITY ED

JUDGEMENT

(1.) The petitioner in WP No.55491/2014 is the Management, while the petitioners in WP Nos.54672- 54673/2014, 28441/2015 and 48751/2016 are the employees working in the Management which is the petitioner in the first petition.

(2.) For the sake of convenience and clarity, the parties would be referred to as the 'Management' and the 'Employees' wherever the context so requires, since they are differently arrayed in these petitions.

(3.) Both the Management as well as the Employees are before this court in respect of the very same issue. The Management has initiated action against the said Employees for certain alleged misconduct. In the said process, the Employees were suspended with effect from 28.2.2014. Since the Management had not paid them the Subsistence Allowance, nor concluded the enquiry and also had not reinstated by revoking the suspension, the Employees had approached the competent authority in the appeal filed by them seeking for appropriate direction. The competent authority while passing the interim order dated 11.11.2014 has directed the Management to pay the Subsistence Allowance to the Employees. The Management claiming to be aggrieved by the same, has filed the Writ Petition in No.55491/2014. The Employees on the other hand, in their respective petitions have not only sought for a direction to the Management to implement the said order for payment of the Subsistence Allowance, but have also contended that in view of the inquiry not being concluded and also the Subsistence Allowance not being paid, a direction is necessary to be issued to re-instate the Employees into service by revoking the order of suspension.