ALARKHA JUSAB M Vs. PRINCIPAL ADARSH HIGH SCHOOL

JUDGEMENT

(1.) BY way of this petition under Article 226 and 227 of Constitution of India, the petitioner has prayed to quash and set-aside the order dated 18.12.2002 passed by the Gujarat Secondary Education Tribunal in application No. 608/94 to the extent, the Tribunal did not grant subsistence allowance and back wages to the petitioner and further prayed to direct the respondent to grant subsistence allowance from March 1989 to 1st June, 1993 and to grant back wages w.e.f. 1.6.93 till date of his actual reinstatement in service with other consequential benefits.

(2.) IT is the case of the petitioner that the petitioner was appointed as a Clerk on 20th April, 1987 in Adarsh High School, District Junagadh which is registered private secondary school and fully aided by State of Gujarat.

(3.) IT is further case of the petitioner that petitioner had challenged the order of conviction before this Court by filing Criminal Appeal No. 474/1990 and this Court was pleased to allow his appeal vide order dated 8.12.1999 and order of conviction and sentence was set-aside and he was acquitted by giving him benefit of doubt. Pursuant to the order of acquittal passed by this Court, he was released from jail on 10.12.1999 and he reported to the school for resumption of his duties on 13.12.99. But school did not allow to join the duty. He again went to the school on 9.2.2000, but he was not allowed to join the duty in the school. Petitioner thereupon approached the Gujarat Secondary Eduction Tribunal seeking subsistence allowance and reinstatement with back wages by filing application No. 608/94. The Tribunal partly allowed the application vide order dated 18.12.2002 holding that the petitioner was not entitled to receive the subsistence allowance from April, 1989 as there was no suspension order passed by the school management. The Tribunal however quashed the order of dismissal dated 1.6.94 and held that the petitioner was entitled to reinstatement. Since there was no post of Jr.Clerk vacant in the secondary school, the D.E.O was directed to pass necessary order and absorb the petitioner in any other aided school as was being done in the cases of surplus clerk. The Tribunal however held that the petitioner was not entitled to back wages.