1979 INSC 0485
                                              Itwari Shikshan Sanstha

                                                           Vs

                                        Director of Education and Others

                                          Civil Appeal No. 1312 of 1979

                          (V.R. Krishna Iyer, R.S. Pathak, O. Chinnappa Reddy JJ)

                                                      05.12.1979

                                                     JUDGMENT

KRISHNA IYER, J. ­

1. Dr. Ghatate appearing for the appellant contended that the teacher (respondent 3), who had been
directed to be reinstated by the Deputy Director of Education should not have been so reinstated. He
further contended that the Deputy Director had no jurisdiction to order such reinstatement. The
dismissal which was set aside by the Educational Authorities in appeal was on certain charges, only
one of which was stated to have been proved and the charge was that the teacher had gone on fast
for a few days. The Deputy Director and the Director, therefore, cancelled the dismissal and directed
reinstatement. This order was challenged in the High Court under Article 226 but the appeal was
dismissed in limine.

2. We have heard the arguments of counsel but we do not think that this is a case where any
substantial question of law calls for decision specially having regard to the charge for which the
dismissal has been imposed. We are satisfied that this is case where we are not called upon to decide
any question of law.

3. We, therefore, dismiss the appeal and this means that the teacher (respondent 3) will stand
reinstated and be eligible for his salary right from the date of dismissal. Dr. Ghatate complains that
the State makes a grant which covers the salaries of teachers and if respondent 3 was to be paid the
entire salary, the grant will not be available to that extent for other expenses. While the State has no
direct liability, it is perfectly open to the appellant management to move the State Government for
recouping the grant equivalent to the teacher's salary. In view of the changed circumstances and
direction for reinstatement with back pay, the State will consider the equities of the situation
regarding the claim of the management. With these directions we dismiss the appeal.

4. Respondent 3 is allowed his costs quantified at Rs. 1000 and that amount will be withdrawn by
respondent 3 out of the amount in deposit.

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