IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.394 of 2010 (O&M) Date of decision: 22.3.2010 The State of Punjab. -----Appellants Vs. Sikh Educational Council Malwa Khasa Senior Secondary School, Ferozepur City. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Ms. Madhu Dayal, Addl.A.G., Punjab for the appellant. ----- ORDER: 1. This appeal has been preferred against order of learned Single Judge, allowing writ petition of the respondent school management, seeking direction for grant in aid to pay back wages to respondent No.3 teacher under the orders of Director of Public Instructions. 2. Respondent No.3 was employed as teacher with the aided school and against action of the school in terminating her services, the Director, Public Instructions under the provisions of the Punjab Privately Managed Recognized School Employees (Security of Service) Act, 1981 directed grant of backwages for LPA No.394 of 2010 more than eight years during which proceedings were pending with the said Director. While requiring the backwages to be paid, further direction issued was that the backwages will not be out of grant in aid. 3. The school management challenged the order of the Director not to pay backwages out of the grant in aid amount. It was contended that the matter remained pending with the Director, Public Instructions for 7-8 years and if backwages were required to be paid for the said period, the school management had to pay only out of the funds received by way of grant in aid. 4. Learned Single Judge allowed the writ petition holding that denial of grant in aid to enable the school management to meet its liability under the order of the Director, was not justified. 5. We have heard learned counsel for the appellant. 6. Learned counsel for the appellant submits that the backwages will be about Rs.20 lacs, which liability could not be met by the State, as the liability arose out of the wrongful termination of services by the school. 7. We are unable to accept the submission. Under the grant in aid scheme, grant to the extent of salary paid to teachers, is to be given by the State, which also covers the period of deemed working of an employee. We are not concerned with the question whether there is justification for grant of backwages, as the said order has not been questioned by either party. Once there is an order for giving backwages by deeming the employee 2 LPA No.394 of 2010 to be in service, such liability has to be met out of the grant in aid. No rule or principle to the contrary has been shown to us. 7. We, thus, do not find any ground to interfere with the view taken by the learned Single Judge. 8. The appeal is dismissed. ( ADARSH KUMAR GOEL ) JUDGE March 22, 2010 ( ALOK SINGH ) ashwani JUDGE 3