JUDGMENT - B.U. WAHANE, J.:---The rule for contempt was issued by this Court calling upon the contemnors to show cause as to why they should not be dealt with for contempt of Courts for having violated the order dated 27th April, 1992, passed by the Presiding Officer, School Tribunal, Aurangabad. 2. The undisputed facts are as follows:-- The petitioner Ashok Kinhikar was appointed as Assistant Teacher vide order dated 1st July, 1989. He was again reappointed by orders dated 1-7-1990 and 24-6-1991. The services of the petitioner came to be terminated by the contemnors No. 1 and 2 vide order dated 1/9-4-1992. 3. The petitioner preferred appeal before the School Tribunal bearing Appeal No. 48/90. The notice was issued to the respondent Nos. 1 and 2. After hearing the parties, the learned Presiding Officer, School Tribunal, Aurangabad, passed the order on 27-4-1992, which is reproduced below:-- "Issue ex-parte ad-interim stay to the execution and operation of the impugned orders of termination dated 1-4-1992 and 9-4-1992 issued by respondent No. 2 (Head Master and Secretary of the School Committee) until further orders. Till then respondent/management should continue the appellant as Assistant Teacher in the respondents school." In pursuance of the order passed by the learned School Tribunal, the petitioner was allowed to resume his duty from 8th May, 1992. However, admittedly, the respondent Nos. 1 and 2 have not paid the salary and other benefits to the petitioner. 4. As the arrears and the regular salary was not paid to the petitioner, he again approached the School Tribunal. The learned Presiding Officer, School Tribunal, Aurangabad, passed the following order on 21-9-1992. "Heard the applicant and also the advocate of the management. Admittedly, the appellant is permitted to join his duty in pursuance of the stay order granted by this Tribunal. Consequently, he is entitled to pay and allowances from the date of joining. Hence I pass the following order:-- The respondent Nos. 1 and 2 are directed to submit the pay bills of the appellant from the date of his joining duties until further orders. Copy be sent to the Education Officer." 5. Consequently, he is entitled to pay and allowances from the date of joining. Hence I pass the following order:-- The respondent Nos. 1 and 2 are directed to submit the pay bills of the appellant from the date of his joining duties until further orders. Copy be sent to the Education Officer." 5. Inspite of the specific order passed by the learned School Tribunal on 21-9-1992, directing the management to pay the salary and other allowances from the date of joining of the petitioner, till the rule was issued by this Court on 7-9-1993, no salary, arrears of salary and allowances are paid to the petitioner. 6. Shri Kaptan, the learned Counsel for the respondent Nos.1 and 2 vehemently submitted that the School Tribunal had decided the Appeal No. 48/90 on merits by judgment and order dated 1-12-1993. The earlier order passed by the learned School Tribunal on 27-4-1992 is, therefore, merged in the final order. The learned Tribunal has given the reasonable time of three months to pay the arrears to the petitioner and, therefore, this aspect may be considered and this proceeding be dropped. It is further submitted that the contemnor Nos. 1 and 2 paid Rs. 5,000/- towards the arrears some times in the month of November, 1993, which shows the bona fides of the contemnors Nos. 1 and 2. Further it is submitted that the post of the petitioner is approved by the Education Officer. Another Assistant Teacher by name Padmanath Deshpande whose services were also terminated by the management, preferred an appeal before the School Tribunal. Initially, the stay was granted, but thereafter it was vacated. Shri Deshpande, therefore, approached this Court vide Writ Petition No. 1266/93. According to Shri Kaptan, immediately after that, as directed by the School Tribunal vide order dated 27-4-1992, the bills were submitted to the Education Officer, but as the bills were not passed, no payment was made to the petitioner. It is also submitted that the management has complied with the order passed by the School Tribunal on 27-4-1992 by re-instating the petitioner on 8th May, 1992. There being a compliance of the order, no contempt is committed by the respondent Nos.1 and 2. 7. Shri Badar, the learned A.G.P., filed reply on behalf of the respondent No. 3 the Education Officer and submitted that the post of the petitioner was approved only for the year 1991-92. There being a compliance of the order, no contempt is committed by the respondent Nos.1 and 2. 7. Shri Badar, the learned A.G.P., filed reply on behalf of the respondent No. 3 the Education Officer and submitted that the post of the petitioner was approved only for the year 1991-92. After the stay granted to Shri Padmanath Deshpande was vacated, a conditional approval was granted to the post of Shri Kinhikar, the petitioner, vide letter dated 26th March, 1993, from 8-5-1992 till further orders. However, subsequently, this order has been revoked by order dated 10-6-1993 in view of the order passed by this Court in Writ Petition No. 1266/93 on 14-5-1993, which reads as: "Notice before admission and also rule on interim relief returnable after summer vacation. In the meanwhile interim stay in terms of prayer clauses (2)." It is, thus, clear that the petitioner was not an approved teacher after the academic session 1991-92 onwards. 8. Though Mr. Kaptan submitted that there is a compliance of the ad-interim order passed by the learned School Tribunal on 27-4-1992 by re-instating the petitioner on 8-5-1992, admittedly, the petitioner has not been paid the arrears of salary or the regular salary except the meagre amount of Rs. 5,000/- in the month of November, 1993. Mere re-instatement without payment will not be a real compliance in true sense. By making re-instatement of the petitioner, the management is not exempted from making payment to the petitioner and to compel him to starve. I do not understand how the petitioner Ashok Kinhikar has conducted the classes with empty stomach. The educational institutions are to produce ideal citizens of tomorrow. The nation needs young boys and girls with discipline and a positive character. But if the teachers are not paid and compelled to conduct the classes with empty belly, one cannot expect that they would be able to study at home, stand in class and use brain and pen. 9. The plain, simple and clear meaning of the word re-instate is to place in the same position as before; to restore the previous position or state. Re-instatement involves putting the specified person back, in law and in fact, in the same position as he occupied in the undertaking before the management terminated his employee. 9. The plain, simple and clear meaning of the word re-instate is to place in the same position as before; to restore the previous position or state. Re-instatement involves putting the specified person back, in law and in fact, in the same position as he occupied in the undertaking before the management terminated his employee. To re-instate a man is to replace him in the position from which he was terminated or dismissed and so to restore the status quo ante dismissal or termination. If there is a specific order of re-instatement, it means the man/employee is to be put back in his job with his full emoluments. In a case of (Management of Delhi Transport Corporation v. Ram Kumar and another)1 (1982)1 S.L.R. 794(DB), in para 13, the Lordship has rightly observed, "Ordinarily, therefore, a workman whose service has been illegally terminated would be entitled to full back wages except to the extent he was gainfully employed during the enforced idleness. That is the normal rule. Any other view would be a premium on the unwarranted litigative activity of the employer. If after such a protracted time and energy consuming litigation during which period the workman just sustains himself, ultimately he is to be told that though he will be reinstated, he will be denied the back wages which would be due to him, the workman would be subjected to a sort of penalty for no fault of his and it is wholly undeserved." Further the Lordship has observed, "The principle is that when an employee after protracted litigation with the employer succeeds in showing that the termination of his service was unjustified, he would normally be entitled to reinstatement with full back wages excepting of course if it could be shown that he had been gainfully employed in the meanwhile. Thus full back wages would be the normal rule and the party objecting to it must establish the circumstances necessitating departure." Therefore, according to me, the word reinstatement or allow to resume his duty, includes payment from the date of termination till re-instatement. In a case of (Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust and others v. V.R. Rudani and others)2, (1989)2 Supreme Court Cases 691, the Honble Supreme Court has observed, "We are only concerned with the liability of the management of the college towards the employees. In a case of (Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust and others v. V.R. Rudani and others)2, (1989)2 Supreme Court Cases 691, the Honble Supreme Court has observed, "We are only concerned with the liability of the management of the college towards the employees. Under the relationship of master and servant, the management is primarily responsible to pay salary and other benefits to the employees. The management cannot say that unless and until the State compensates, it will not make full payment to the staff. We cannot accept such a contention." Therefore, according to me, the respondent Nos. 1 and 2 have willfully not complied with the order passed by the learned School Tribunal on 27-4-1992 and thereby they have committed the contempt of Court. 10. Education is the mode for civilization and change of society. It is, therefore, universally accepted that education is a very potent instrument for social re-generation as well as for economic development. Good education should always aim at the spiritual, cultural and economic advancement of the people. In the words of Swami Vivekanand, "Education is a man-making". In this case, the management of the institution forced their employees to starve and at the same time it is making stall claim that they are imparting education to pupils. Such submissions cannot even appeal to layman. Therefore, it is rightly said that now-a-days education is not a duty but a business. vkt fÓÕk /keZ ugh] /kank cu x;k- Patriotism assumes a new meaning in a free country like ours. It mainly means respect for duty, sincerity and the quality of selflessness. But to-days picture is gloomy and of shamelessness. Another aspect of good-education should be the inculcation of the habit of hard work. In India to-day hard work is at a discount. Our current philosophy is "more salary for less work". But in the case in hand, the petitioner is said to be rendering services and that too conducting classes with empty belly. Thus, no one can expect what of hard work, but simple work from a starving teacher. The teacher does not write books but he creates so many living books, poets, painters, statesman, critics, academicions, scholars, journalist, etc. There are the pages of his books which are more valuable than the books of papers and letters. Thus, no one can expect what of hard work, but simple work from a starving teacher. The teacher does not write books but he creates so many living books, poets, painters, statesman, critics, academicions, scholars, journalist, etc. There are the pages of his books which are more valuable than the books of papers and letters. Parents can merely build-up bodies of children but their minds are built and brought-up by teachers. Thus, a teacher is the maker of society, he shapes the destiny of nation and puts the soul into the lifeless body of the society. The supervisory authority i.e. Government is a silent spectator. There has also been no attempt to gear education being the basic needs of the country. In my anxiety depth and quality have been ignored, with the resullt that our educated men and women are really not so educated. But I am sure in my mind that if we want to maintain National Solidarity and National Strength, it can only be through education. Therefore, our Indian Culture has installed the teacher on a very Honble place. But, such worthy expectations could be expected only if their basic needs are satisfied. 11. Admittedly, the contemnor Nos. 1 and 2 neither paid the arrears of salary from 1/9-4-1992 excepting the megre amount of Rs. 5,000/- nor the regular salary has been paid to the petitioner. It is, therefore, clear that the contemnor Nos. 1 and 2 are tend to spoil the life and career of the youngsters who are taking education in their institutions. A poet has rightly depicted the picture of the students who has secured degree by his sweat without proper guidance in life. ÞeSa EgRo ik fy;k fÓÕk dh lh[k dk eSa jgL; ik fy;k fÓÕk dh lh[k dk fMxjh ugha] ,d dVksjk gSa Hkh[k dk-Þ Thus, how such contemnors could deserve any leniency. The management must be dealt with stern hands because they are not producing the citizens of India who will be able to stand on their legs and prove to be the best citizens. 12. Considering the legal and social aspects, the contemnor Nos. 1 and 2 are sentenced to suffer simple imprisonment for three months and to pay a fine of Rs. 1,000/- each, in default to suffer further simple imprisonment for one month. Rule made absolute in the above terms. 13. 12. Considering the legal and social aspects, the contemnor Nos. 1 and 2 are sentenced to suffer simple imprisonment for three months and to pay a fine of Rs. 1,000/- each, in default to suffer further simple imprisonment for one month. Rule made absolute in the above terms. 13. In view of the discussion above, there is no iota of evidence against the respondent No.3, the Education Officer, to show that he wilfully disobeyed the order of the learned School Tribunal. Even the Education Officer was not party before the School Tribunal. Therefore, the question that Respondent No. 3 committed any contempt of Courts, does not arise. The rule issued against the respondent No. 3 stands discharged. 14. Shri Kaptan, the learned Counsel for the contemnors No.s 1 and 2, submitted that the sentence and fine be suspended for a day only. Considering the conduct and attitude of the contemnor Nos. 1 and 2, it is crystal clear that they have no scant regard for the judicial orders. Under the circumstances, I reject the submission made by Shri Kaptan, the learned Counsel for the contemnor Nos. 1 and 2. Rule made absolute.