Case Note & Summary
The petitioner, Vikas Pandit Patil, was appointed as Shikshan Sevak by Respondent No. 4 (Higher Education Society, Shirala) at Respondent No. 5 School (Samaj Vikas Madhyamik and Uccha Madhyamak Vidyalaya, Sangaon) with effect from 1st July 2016. The school is fully aided. The appointment was made after the retirement of a teacher created a vacancy. The school management approached the Education Officer under Section 5(1) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 to ascertain availability of surplus teachers. Despite waiting for 8 years, no response was received, so the management published an advertisement and appointed the petitioner. The Education Officer granted approval but imposed a condition that salary be paid from the date of approval, not from the date of appointment. The petitioner challenged this condition. The court held that the petitioner is entitled to salary from the date of appointment as the delay was not his fault and the appointment was made after following due process. The court directed the Education Officer to release salary from the date of appointment and quashed the condition.
Headnote
A) Service Law - Shikshan Sevak - Salary from Date of Appointment - Section 5(1) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The petitioner was appointed as Shikshan Sevak on 1st July 2016 but approval was granted later with condition that salary be paid from date of approval. The court held that the petitioner is entitled to salary from the date of appointment, as the appointment was made after following due process and the delay in approval was not attributable to the petitioner. (Paras 1-7) B) Service Law - Approval of Appointment - Liability for Salary - Section 5(1) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The Education Officer cannot impose a condition that salary be paid from date of approval instead of date of appointment, as the appointment was made after following the procedure under Section 5(1) and the school management had waited for 8 years for permission. The court directed that salary be paid from the date of appointment. (Paras 2-7)
Issue of Consideration
Whether a Shikshan Sevak appointed by a private school is entitled to salary from the date of appointment or only from the date of approval by the Education Officer.
Final Decision
The court allowed the writ petition, quashed the condition imposed by the Education Officer, and directed that the petitioner be paid salary from the date of appointment i.e. 1st July 2016.
Law Points
- Salary from date of appointment
- Shikshan Sevak
- Grant-in-aid
- Approval
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
