Case Note & Summary
The dispute arose from a Writ Appeal filed by Sri Gopalakrishna Higher Secondary School against an order directing them to pay salary to V. Ramakrishnan, a Drawing Teacher, for the period of his suspension. The fourth respondent was initially suspended in 2017 due to misconduct, leading to disciplinary proceedings and his eventual dismissal in 2018. After a series of legal challenges and reinstatements, the fourth respondent sought salary for the suspension period from June 2019 to March 2020. The appellant contended that the suspension was valid and that the fourth respondent should have joined duty after four months. The learned Single Judge dismissed the Writ Petition, upholding the order of the first respondent, which mandated salary payment. The court noted that the appellant had not revoked the suspension or called the fourth respondent to join duty, thus establishing liability for salary payment. The appeal was dismissed, and the court directed compliance with the salary payment order within four weeks.
Headnote
A) Employment Law - Salary Payment During Suspension - Liability of Educational Institution - Tamil Nadu Recognized Private Schools (Regulation) Act, 1973, Section 23(b) - The court held that the appellant failed to revoke the suspension order and call the fourth respondent to join duty, thus making them liable to pay salary for the suspension period. The proceedings were deemed appellate in nature, and the principles of natural justice were upheld. (Paras 33).
Issue of Consideration
Whether the appellant was liable to pay salary to the fourth respondent during the period of suspension.
Final Decision
The Writ Appeal was dismissed, upholding the order directing the appellant to pay salary to the fourth respondent for the suspension period from 18.06.2019 to 24.03.2020, with a compliance directive within four weeks.
Law Points
- natural justice
- suspension
- salary payment
- educational institutions
- appellate proceedings
