Case Note & Summary
The petitioners, Sandeep Chudaman Shinde and Sandeep Bhatu Patil, were appointed as Assistant Teachers in Late Bhausaheb K.R. Patil Secondary School, Burzad, run by Janta Vikas Mandal. They filed a writ petition seeking a mandamus to direct the respondents, including the State of Maharashtra, Deputy Director of Education, and Education Officer, to disburse their salary. They also sought certiorari to quash a show cause notice dated 25/06/2021 and an order dated 05/08/2021 issued by the Deputy Director of Education, Nashik Division, which refused approval to their salary. The court heard the matter on 06.12.2023, 07.12.2023, and 08.12.2023. The impugned order cited grounds related to the appointment process, but the court found that the order was passed without proper application of mind and without affording adequate opportunity of hearing. The court allowed the petition, quashed the show cause notice and the order, and directed the respondents to release the salary of the petitioners forthwith. Rule was made returnable forthwith and the petition was disposed of.
Headnote
A) Service Law - Salary Disbursement - Approval of Appointment - The petitioners, assistant teachers, challenged the show cause notice dated 25/06/2021 and the order dated 05/08/2021 issued by the Deputy Director of Education refusing approval to their salary. The court held that the impugned order was passed without proper application of mind and without affording adequate opportunity of hearing, and thus quashed both the show cause notice and the order, directing the respondents to release the salary of the petitioners. (Paras 1-4) B) Constitutional Law - Writ of Certiorari - Quashing of Administrative Orders - The court exercised its writ jurisdiction to quash the impugned show cause notice and order as they were arbitrary and violative of principles of natural justice. The court directed the respondents to disburse the salary of the petitioners forthwith. (Paras 2-4)
Issue of Consideration
Whether the Deputy Director of Education could refuse approval to the salary of the petitioners on the grounds mentioned in the show cause notice and the impugned order, and whether the impugned show cause notice and order are sustainable in law.
Final Decision
The court allowed the writ petition, quashed the show cause notice dated 25/06/2021 and the order dated 05/08/2021, and directed the respondents to release the salary of the petitioners forthwith. Rule made returnable forthwith and disposed of.
Law Points
- Writ of mandamus
- Writ of certiorari
- Natural justice
- Opportunity of hearing
- Approval of salary
- Appointment of teachers
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
