RAMASAMY NAIDU VIDYALAYAM Vs. REMBERT S PACKIAM

JUDGEMENT

(1.) Aggrieved by the order of the third respondent dated 31.1.2002 made in I.A.Nos.1217 and 1218 of 2001 in C.M.A.No.29 of 2001, the petitioner has preferred this writ petition for issue of a writ of Certiorarified Mandamus to call for the entire records of the third respondent pertaining to the order dated 31.1.2002 made in I.A.Nos.1217 and 1218 of 2001 in C.M.A.No.29 of 2001, to quash the same and to consequently direct the third respondent to proceed with the appeal without insisting on the deposit sums under Section 44(4) of the Tamilnadu Recognized Private Schools (Regulation) Act, 1973 (for brevity "the Act"). Aggrieved by the order of the third respondent dated 31.1.2002 made in I.A.Nos.1217 and 1218 of 2001 in C.M.A.No.29 of 2001, the petitioner has preferred this writ petition for issue of a writ of Certiorarified Mandamus to call for the entire records of the third respondent pertaining to the order dated 31.1.2002 made in I.A.Nos.1217 and 1218 of 2001 in C.M.A.No.29 of 2001, to quash the same and to consequently direct the third respondent to proceed with the appeal without insisting on the deposit sums under Section 44(4) of the Tamilnadu Recognized Private Schools (Regulation) Act, 1973 (for brevity "the Act").

(2.) In brief, the order dated 31.1.2001 of the petitioner/ Management dismissing the first respondent was set aside by the second respondent, by order dated 12.11.2001, for want of prior approval of the competent authority as contemplated under Section 22(1) of the Act. Challenging the order of the second respondent dated 12.11.2001, the petitioner had preferred an appeal before the third respondent/Tribunal under Section 24 of the Act, which reads as follows: Section 24: Second appeal in case of dismissal, removal or reduction in rank or termination of appointment of teachers or other persons employed in private schools: If the appeal under Section 23 was against the dismissal, removal or reduction in rank or the termination otherwise of the appointment of any teacher or other person employed in any private school, such teacher or other person or the educational agency aggrieved by any order made in any such appeal, may prefer an appeal against that appellate order to the Tribunal."

(3.) It is settled law that deposit of the arrears of pay and allowances from the date of dismissal till the date of orders of the competent authority is a condition precedent for maintainability of the very appeal before the Tribunal under Section 44 of the Act. Section 44 of the Act reads as under:- "Section 44: Deposit with the Tribunal of pay and allowances of teachers and other persons employed in private schools in certain cases:- (1) If the appellate authority referred to in Section 23 has, in any appeal under that section against the dismissal or removal or reduction in rank of the termination otherwise of the appointment of any teacher or other person employed in any private school, make an order restoring such teacher or other employee as such, no appeal against the order of such restoration shall be preferred to the Tribunal and no appeal (against the order of such restoration) which, under Section 2 5, stands transferred to the Tribunal shall be proceeded with by the Tribunal, unless the educational agency deposits with the Tribunal all arrears of pay and allowances due to such teacher or other person from the date of his dismissal or removal or reduction in rank or termination otherwise of his appointment up to the date of deposit, and continues to deposit the pay and allowances due to such teacher or other person until the termination of the proceedings before the Tribunal. (2) The deposit under sub-section (1) shall be made within such time and in such manner as may be prescribed. (3) Where there is any dispute as to the amount to be deposited under sub-section (1), the Tribunal shall, on application made to it either by the educational agency or by such teacher or other person, and after making such inquiry as it deems fit, determine summarily the amount to be so deposited. (4) If the educational agency fails to deposit the amount as aforesaid, the Tribunal shall, unless the educational agency shows sufficient cause to the contrary, stop all further proceedings and make an order directing the educational agency to restore such teacher or other employee as such. (5) (a) Where, as a result of any final order made by the Tribunal at the conclusion of the proceedings before it, such amount of pay and allowances as becomes due to such teacher or other person, shall be paid to him out of the amount deposited under sub-section (1). (b) If there is any balance left of the amount deposited under subsection (1) after payment under clause (a) of the pay and allowances referred to in that clause, such balance or, where no amount becomes due as aforesaid to such teacher or other person, the whole of the amount deposited under sub-section (1), shall be returned to the educational agency."