DIBAKAR PARIDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner invokes our extra -ordinary jurisdiction under Article 226 of the constitution of India for a direction to the opposite parties for payment of his arrear salary from 17.9.1973 when he was suspended till his reinstatement on 1.7.1975 and the increaments due to and earned by his from year to year in the scale.

(2.) THE petitioner was the Headmaster of Ekagharia Middle English School in the district of Dhenkanal. On 1.9.1973 a set of charges was served on him by the Secretary of the school as per Annexure -1. It has been alleged that the petitioner thereupon intimated the Secretary that he had no authority to frame charges, the Managing Committee being the only competent authority. He was placed under suspension with effect from 17.9.1973 and the matter was reported to the District Inspector of schools. By memo dated 1.10.1973 (Annexure -3), the District Inspector of Schools refused to approve the suspension of the petitioner. Towards the end of October, 1973, the District Inspector of Schools informed the Managing Committee that he would conduct an enquiry into the matter of suspensions of the petitioner. Enquiry was conducted on 3.11.1973 and report was submitted to the Director of Public Instruction (Schools) to the effect that suspension was not called for. Months rolled by and the petitioner was reinstated by resolution dated 28.6.1975 of the Managing Committee. .

(3.) AN employee of an aided educational institution whether the Headmaster or a teacher or member of the staff is entitled to his remuneration including subsistence allowance in case of suspension in the same manner as is admissible to his counterparts in the Government educational institution. Such employees of the educational institution are entitled to receive their remuneration in the month following the month to which the claim relates. Hence such teacher and members of the staff should receive their remuneration like their counterparts in Government institution every month for services rendered during the preceeding month.