Held, It is a settled legal position that termination of a probationer on account of his non-satisfactory performance can never be treated as 'penal'. As the termination was not penal in nature, no departmental inquiry was required to be conducted before the termination. However, that prior approval under Section 4 of Punjab Privately Managed Recognized Schools Employees (Security of Service) Act, 1979 , ought to have been obtained from the Director as it is mandatory. Even in case of termination of service of a probationer, prior approval is must. the termination was not in accordance with law because no prior approval of the Director was obtained by the Appellant-management before terminating services of the Respondent-teachers. In the circumstances, we confirm the order with regard to reinstatement of the Respondent-teachers. If the Respondent-teachers have already been relieved, they shall be reinstated but without arrears of salary in view of the fact that they have not worked and, therefore, principle of "no work, no pay" should be applied. However, so as to compensate them, if the said Respondent-teachers have already been relieved, they would be paid compensation of Rs. 25,000/- each because the order of termination was not just and legal. They shall be reinstated immediately.
