VEERANNAIAH Vs. HOISALA VIDYA SAMSTHE REGISTERED

JUDGEMENT

(1.) THE petitioner was working as a head master in the respondent- school. The respondent-institution is an aided institution. The petitioner was suspended by the respondent by an order dated 1-8-1994. This order of suspension was challenged in m. a. No. 25 of 1994. The petitioner in the m. a. No. 25 of 1994 filed an application seeking payment of subsistence allowance. The tribunal rejected the application. The reason given by the tribunal was that it is the state government that has to pay the subsistence allowance during the period of suspension and not the management.

(2.) THE learned counsel for the petitioner submitted that the impugned order dated 4th july, 1996 is contrary to the law. The learned counsel submitted that it was a grant-in-aid school and as per the grant-in-aid code the subsistence allowance should be paid by the institution and reimbursed to the institution from the government. The learned counsel relied on the judgment of this court in shivaji high school v prabhakar jotiba bamane , wherein the division bench of this court held that the primary liability to make payment is that of the management and that the management could however claim the same by way of reimbursement from the government. That being the position in law, it appears that there is a duty cast on the management to pay the subsistence allowance in accordance with the Karnataka private educational institutions (discipline and control) rules, 1978. Rule 13 deals with subsistence allowance during suspension.

(3.) IT is not in doubt that the petitioner would be entitled to subsistence allowance during the period of suspension. The only question was whether it should be the government that should pay the subsistence allowance or the management. This court has held that the primary responsibility to pay the subsistence allowance is with the management of the school. That being so, it is not permissible for the management to escape its legal liability to pay subsistence allowance and to pass the responsibility on to the government. It is also well-settled law that nobody can defend oneself in an enquiry on an empty stomach.