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Judgment
Vinod K.Sharma, J.—Petitioner is working as ''Watchman'' in Concordia Higher Secondary School, Valliyoor, since 02.01.1981. The school is private aided school.
It is pleaded case of the Petitioner was that at the instance of Mrs. Arputha Theode, a criminal case was registered against the Petitioner. He was arrested on 13.09.2000. Thereafter, the Petitioner was released on bail on 15.09.2000.
The case of the Petitioner is that, on being released on bail, he reported for duty and is performing the duty regularly.
The school Management was not permitting the Petitioner to mark his presence, though he was attending to his duty. The Petitioner filed a suit for permanent injunction, which was decreed, and the Management of the school, was restrained from interfering in the performance of duty by the Petitioner.
The Petitioner was finally acquitted on the charge. The Petitioner claims that he has not paid salary from 13.09.2000 to 19.06.2003.
The only dispute raised by the school Management is that the Petitioner was under suspension. Whereas the stand of the Petitioner is that he was regularly performing his duty.
The dispute raised by the School Management is totally misconceived. Even if, for the sake of argument, the Petitioner is treated to be suspended, still there is no proof of payment of subsistence allowance to the Petitioner for the suspension period.
In any case, on acquittal by a criminal court, the Petitioner was entitled to full salary with all the benefits, even if he was paid subsistence allowance during that period.
There is thus no impediment for the Petitioner to claim salary for the period from 13.09.2000 to 19.06.2003.
The right of the Petitioner to receive salary is also recognized by the District Educational Officer, Tirunelveli, as by way of the impugned order, the Petitioner has been held entitled to salary.
The impugned order reads as under:
As per the order cited in reference No. 4, Night Watchman V. Esravel''s petition, dated 11.5.2005 was considered and the following orderispassed:
On considering the order passed by correspondent under reference number1 the Night Watch men Mr.V. Esravelwas placed under suspension on 13.09.2000 and his suspension is unjustand his suspension was ordered to be cancelled.
Therefore, it is here by notified that the salary for the period from 13.09.2000 to19.06.2003 has tobepaid only by the Managemen tofthe school only of its funds.
The Petitioner is only aggrieved by the fact, that while accepting claim qua salary, unreasonable condition has been imposed, that the payment is to be made by the school from its own funds.
The contention of the learned Counsel for the Petitioner, is that this condition is totally arbitrary as the Respondent school is private aided school and grant of salary is to be released by the Government, though, the preliminary responsibility to pay the salary is that of the School Management.
The writ petition is allowed, the impugned part of the order, directing that the salary to the Petitioner for the period from 13.09.2000 to 19.06.2003 is to be paid by the school is ordered to be quashed.
The Respondent Management is directed to pay the salary to the Petitioner for the period referred to above, within a period of two months from the date of receipt of certified copy of this order. It shall open to the Management thereafter, to seek reimbursement from the Department under grant in aid. On demand by the school Management, the Respondents Nos. 1 to 3 are directed to release the grant in aid for payment of salary to the Petitioner. No costs.