(1) Any teacher or other person employed in any recognised school,-
(a) who is dismissed, removed or reduced in rank or whose appointment is otherwise terminated ; or
(b) whose pay or allowances or any of whose conditions of service are altered or interpreted to his disadvantage, by an order, may prefer an appeal against such order to such authority or officer not below the rank of the Director of Education, Puducherry, as may be prescribed ; and different such authorities or officers may be prescribed for different classes of private schools.
Explanation. - In this section, the expression “order” includes any order made on or after the date of the commencement of this Act in any proceedings which were pending on that date.
(2) The appellate authority may, after giving the parties an opportunity of making their representations, pass such order on the appeal as it may deem fit:
Provided that in disposing of an appeal under this section in relation to a minority institution, the appellate authority shall consider and shall only consider whether the procedure for taking disciplinary action prescribed under this Act has been complied with and if not, whether such non-compliance has resulted in the failure of justice, and pass orders –
(i) confirming or setting aside the said order : or
(ii) remitting the case to such authority with such directions as it may deem fit in the circumstances of the case.
291 Second appeal in case of dismissal, removal or reduction in rank or termination of teachers or other persons employed in recognised schools
22. If the appeal under section 21 was against the dismissal, removal or reduction in rank or the termination otherwise of the appointment of any teacher or other person employed in any recognised school, such teacher or other person or the educational agency aggrieved by any order made in any such appeal may prefer an appeal against that appellate order to the Tribunal.
Special provision regarding appeal in certain past disciplinary cases
23.(1) If, before the date of the commencement of this Act, any teacher or other person employed in any recognised school has been dismissed or removed or reduced in rank or his appointment has been otherwise terminated and any appeal preferred before the date –
(a) by him against such dismissal or removal or reduction in rank or termination ; or
(b) by him or the educational agency against any order made before that date in the appeal referred to in clause (a) is pending on that date, such appeal shall –
(i) in a case falling under clause (a), stand transferred to the appellate authority prescribed under section 38, or
(ii) in a case falling under clause (b), stand transferred to the Tribunal.
(2) If any such appeal as is referred to in sub-section (1) has been disposed of before the date of the commencement of this Act, the order made in any such appeal shall be deemed to be an order made under this Act and shall have effect accordingly.
Pay and allowance of teachers and other persons employed in recognised schools to be paid in the prescribed manner.
24. The pay and allowances of any teacher or other person employed in any recognised school shall be paid on or before such day of every month, in such manner and by or through such authority, officer, or person, as may be prescribed.
Chapter to have overriding effect.