Case Note & Summary
The judgment concerns a batch of writ petitions filed by teachers who were appointed by various educational institutions in Maharashtra. The Education Officer (Secondary) of the respective Zilla Parishads refused to grant approval to their appointments on the sole ground that the vacancies against which they were appointed arose prior to the issuance of Government Resolution dated 29-10-2005. The teachers contended that the Government Resolution did not apply retrospectively and that their appointments were otherwise in accordance with the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Maharashtra Secondary and Higher Secondary Education Boards Regulations, 1965. The Court examined the Government Resolution and found that it only prescribed the procedure for filling up vacancies and did not have retrospective effect. The Court held that the Education Officer cannot refuse approval on the ground that the vacancy arose prior to the Government Resolution. The Court further held that once approval is granted, the teacher is entitled to salary from the date of initial appointment. The Court allowed the writ petitions and directed the Education Officer to grant approval and pay salary from the date of initial appointment.
Headnote
A) Education Law - Approval of Appointment - Refusal on Ground of Vacancy Arising Prior to Government Resolution - The Education Officer refused to grant approval to the appointment of teachers on the ground that the vacancy arose prior to the issuance of Government Resolution dated 29-10-2005. The Court held that the Government Resolution does not apply retrospectively and that the Education Officer must grant approval if the appointment is otherwise in accordance with law. (Paras 1-20) B) Education Law - Salary from Date of Initial Appointment - Entitlement - The teachers sought salary from the date of their initial appointment. The Court held that once approval is granted, the teacher is entitled to salary from the date of initial appointment and not from the date of approval. (Paras 1-20)
Issue of Consideration
Whether the Education Officer can refuse to grant approval to the appointment of a teacher on the ground that the vacancy arose prior to the issuance of Government Resolution dated 29-10-2005, and whether the teacher is entitled to salary from the date of initial appointment or only from the date of approval.
Final Decision
The Court allowed the writ petitions and directed the Education Officer to grant approval to the appointments of the petitioners and to pay salary from the date of initial appointment.
Law Points
- Approval of appointment cannot be refused on ground that vacancy arose prior to Government Resolution dated 29-10-2005
- Teachers entitled to salary from date of initial appointment
- Education Officer must grant approval if appointment is otherwise in accordance with law
- Government Resolution dated 29-10-2005 does not apply retrospectively to vacancies that arose before its issuance
