(1) If the appellate authority referred to in section 38 has, in any appeal under that section against the dismissal or removal or reduction in rank or the termination otherwise of the appointment of any teacher or other person employed in any recognised school, made an order restoring such teacher or other employee as such, no appeal against the order of such restoration shall be preferred to the tribunal and no appeal (against the order of such restoration) which, under section 23, stands transferred to the Tribunal shall be proceeded with by the Tribunal, unless the educational agency deposits with the Tribunal all arrears of pay and allowances due to such teacher or other person from the date of his dismissal or removal or reduction in rank or termination otherwise of his appointment up to the date of deposit, and continues to deposit the pay and allowances due to such teacher or other person until the termination of the proceedings before the Tribunal.
(2) the deposit under sub-section (1) shall be made within such time and in such manner as may be prescribed.
(3) Where there is any dispute as to the amount to be deposited under sub-section (1), the Tribunal shall on application made to it either by the educational agency or by such teacher or other person, and after making such inquiry as it deems fit, determine summarily the amount to be so deposited.
(4) If the educational agency fails to deposit the amount as aforesaid, the Tribunal shall, unless the educational agency shows sufficient cause to the contrary stop all further proceedings and make an order directing the educational agency to restore such teacher or other employee as such.
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(5) (a) Where, as a result of any final order made by the Tribunal at the conclusion of the proceedings before it any amount of pay and allowances as becomes due to such teacher or other person, such amount shall be paid to him out of the amount deposited under sub-section (1).
(b) If there is any balance left of the amount deposited under sub-section (1) after payment under clause (a) of the pay and allowances referred to in that clause, such balance or, where no amount becomes due as aforesaid to such teacher or other person, the whole of the amount deposited under sub-section (1), shall be returned to the educational agency.
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