Case Note & Summary
The petitioners, Sunil S/o Namdeo Chavhan and Varsha Shamrao Ingale, were initially appointed as Assistant Teachers on a no-grant basis w.e.f. 01.07.2013 and 01.02.2013 respectively. The Education Officer (Secondary), Zilla Parishad, Yavatmal granted approval to their appointments vide orders dated 19.06.2014 and 23.12.2015. They continuously rendered six years of service on unaided posts. On 03.12.2018, the Management transferred them from unaided to aided posts. The petitioner 4 School is 100% grant-in-aid. On the same day, respondent 3 - Education Officer granted approval to the appointments of petitioners 1 and 2 as Assistant Teachers w.e.f. 03.12.2018 on 20%, 40%, 60% and 80% instead of 100% as per Government Resolution dated 08.06.2016. The petitioners challenged this order. The Court held that the impugned order granting staged approval is contrary to the Government Resolution dated 08.06.2016 and quashed the same. The Court directed the Education Officer to grant approval with 100% salary from the date of transfer. The petition was allowed.
Headnote
A) Service Law - Transfer from Unaided to Aided Post - Approval of Appointment - Government Resolution dated 08.06.2016 - The Education Officer granted approval to the appointments of petitioners 1 and 2 as Assistant Teachers on 20%, 40%, 60% and 80% salary instead of 100% as per Government Resolution dated 08.06.2016. The Court held that the impugned order granting staged approval is contrary to the Government Resolution and quashed the same, directing the Education Officer to grant approval with 100% salary from the date of transfer. (Paras 2-4) B) Service Law - Transfer from Unaided to Aided Post - Entitlement to Full Salary - Government Resolution dated 08.06.2016 - The petitioners were initially appointed on unaided posts and later transferred to aided posts. The Court held that upon transfer to aided posts, the teachers are entitled to full salary as per the Government Resolution, and the Education Officer cannot impose staged approval. (Paras 2-4)
Issue of Consideration
Whether the Education Officer (Secondary) can grant approval to the appointment of teachers transferred from unaided to aided posts on a staged basis (20%, 40%, 60%, 80%) instead of 100% salary as per Government Resolution dated 08.06.2016.
Final Decision
The impugned order dated 03.12.2018 passed by respondent 3 - Education Officer (Secondary), Zilla Parishad, Yavatmal is quashed and set aside. Respondent 3 is directed to grant approval to the appointments of petitioners 1 and 2 with 100% salary from the date of transfer i.e. 03.12.2018. The petition is allowed.
Law Points
- Government Resolution dated 08.06.2016
- approval of appointment
- transfer from unaided to aided post
- full salary entitlement
- Education Officer's power to grant approval
