N DASEGOWADA Vs. SECRETARY DR AMBEDKAR EDUCATION SOCIETY

JUDGEMENT

(1.) The appellant has preferred this appeal challenging the order passed by the learned Single Judge who has set aside the order of the Karnataka Educational Appellate Tribunal, Tumkur, which had directed the respondent to reinstate the appellant in service as a Hindu Teacher forthwith and to pay consequential monetary benefits.

(2.) For the purpose of convenience, the parties are referred to as they are referred to before the Educational Appellate Tribunal.

(3.) Respondent is an educational society registered under the provisions of the Karnataka Societies Registration Act, 1960 which is running Dr. Ambedkar Education Society at Yenjalagere, Sira Taluk, Tumkur District. The appellant was appointed as a Hindi Teacher against a clear and permanent vacancy as per the order dated 19-1-1989. The appellant had the requisite qualification of Hindi Ratna for being appointed to the said post. However, the appellant was not paid salary on the ground that the Government has not granted approval for such payment and grant-in-aid is not extended. The appellant was paid salary in installments. On the ground that the appellant had unauthorisedly remained absent inspite of three notices issued and served on the appellant, the respondent prevented the appellant from working as a Hindi Teacher in the said institution. On the contrary in his place they appointed one Mr. Rajanna. Therefore, aggrieved by the said action, the appellant preferred an appeal before the Educational Appellate Tribunal invoking Section 94(1) of the Karnataka Education Act, 1983 (hereinafter for short referred to as 'the Act').