Case Note & Summary
The petitioner, Dr. (Mrs.) Rekha Ramchandra Rao, filed a writ petition before the Bombay High Court seeking a direction to the State of Maharashtra and other respondents to approve her appointment as Principal of a college run by Mahatma Gandhi Vidyamandir, Malegaon Camp, from the date of her initial appointment, and to pay her salary and allowances accordingly. The petitioner was appointed as Principal by the management on 1st July 2004, and her appointment was approved by the University of Pune. However, the State Government (respondent no.1) did not grant approval, leading to the petitioner being denied salary and benefits. The petitioner had been working without pay since her appointment. The court considered the submissions of the learned advocates and perused an earlier order dated 24th September 2009 passed by a Division Bench of the same court. In that order, the court had noted that the petitioner had approached the court for a direction to the Secretary, Higher and Technical Education, to approve her appointment. The court had directed the State Government to decide the petitioner's representation within four weeks. However, the State Government failed to comply. In the present judgment, the court observed that the State Government's inaction amounted to deemed approval. The court held that the petitioner was entitled to approval of her appointment from the date of her initial appointment and directed the respondents to pay her arrears of salary and allowances within eight weeks, failing which interest at 6% per annum would accrue. The court also directed that the petitioner's salary be paid regularly from the date of the order.
Headnote
A) Service Law - Approval of Appointment - Deemed Approval - Section 3, 5, 7 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Petitioner appointed as Principal by management, approved by University but not by State Government - Court held that where the State Government fails to decide on approval within a reasonable time, the approval is deemed to have been granted - Petitioner entitled to salary and benefits from date of initial appointment (Paras 1-5). B) Service Law - Salary and Allowances - Arrears - Section 3, 5, 7 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Petitioner denied salary for period from 2004 to 2009 due to lack of government approval - Court directed respondents to pay arrears of salary and allowances within eight weeks, failing which interest at 6% per annum (Paras 5-6).
Issue of Consideration
Whether the petitioner is entitled to approval of her appointment as Principal from the date of her initial appointment, and consequently to salary and other benefits, despite the State Government's failure to grant approval within a reasonable time.
Final Decision
The court allowed the writ petition. It directed that the petitioner's appointment as Principal be deemed approved from the date of her initial appointment (1st July 2004). The respondents were directed to pay arrears of salary and allowances within eight weeks, failing which interest at 6% per annum would be payable. The petitioner's salary shall be paid regularly from the date of the order.
Law Points
- Approval of appointment
- Higher Education Service
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- Section 3
- Section 5
- Section 7
- University approval
- State Government approval
- deemed approval
- retrospective effect
- salary and allowances
