MANAGER HINDU MIDDLE SCHOOL Vs. P MOORTHY

JUDGEMENT

(1.) Being aggrieved with the order of learned single Judge dated 7.8.2001 made in W.P.No.10409 of 1995 directing the Appellant-management to pay salary to the 1st Respondent from 20.7.1995 to 23.7.1996, the date of judgment passed in the Criminal case, Management has preferred this appeal.

(2.) The Appellant School has permanent recognition and receiving teaching grants/salaries from the Education Department of Government of Tamil Nadu. The first respondent was appointed as Tamil teacher from 1.10.1981 in the Appellant's School. The first respondent was promoted as Headmaster in the said School during 1990. On 26.7.1994, a criminal case was registered against the 1st Respondent in Crime No.379 of 1994 under Section 376 IPC (rape) in Ambur Rural Police Station, Vellore District alleging that he has committed rape on a girl student by name Selvi C.Thulasi, which resulted in pregnancy

(3.) The 1st Respondent had applied for medical leave for 37 days from 30.6.1994 to 5.8.1994 with permission to suffix 6.8.1994 and 7.8.1994 holidays. Again, he extended leave on loss of pay for a period of one year from 8.8.1994. By proceedings Na.ka.No.9243/A2/94 dated 11.7.1994, the District Educational Officer sought for particulars of action taken against the 1st Respondent by the Management. One V.Elumalai was promoted as Headmaster on 1.8.1994.