Case Note & Summary
The petitioner, Amol Baban Sangar, an Assistant Teacher, was initially appointed to an unaided post and later transferred as an Assistant Teacher to an aided post. The Education Officer (Respondent No.5) approved this appointment via communication dated 9/7/2020, which was not reviewed or set aside. When the petitioner's name was to be included in the Shalarth system for online salary payment, the Deputy Director of Education sought to re-examine the approval. The petitioner filed a writ petition challenging this. The court held that the approval had attained finality and the Deputy Director could not re-open the issue at the stage of inclusion in the Shalarth system, which is meant for streamlining salary payment. The court allowed the petition, directing the respondents to include the petitioner's name in the Shalarth system and pay salary accordingly.
Headnote
A) Education Law - Teacher Appointment - Approval of Transfer - Once the Education Officer grants approval to the appointment of a teacher to an aided post upon transfer from an unaided post, such approval attains finality and cannot be re-opened by the Deputy Director of Education at the stage of inclusion of the teacher's name in the Shalarth system for online salary payment. The Shalarth system is meant for streamlining salary payment, not for re-examining the validity of approvals already granted. (Paras 4-6)
B) Education Law - Shalarth System - Object - The Shalarth system has been initiated for facilitating online payment of salary to school employees by streamlining the whole system. It cannot be used by the Deputy Director to again look into the irregularity or otherwise caused in granting the approval to the appointment of school employees by the Education Officer. (Para 5)
Issue of Consideration
Whether the Deputy Director of Education can re-examine the validity of approval granted to a teacher's appointment to an aided post at the stage of inclusion of the teacher's name in the Shalarth system for online salary payment.
Final Decision
The court allowed the writ petition, directing the respondents to include the petitioner's name in the Shalarth system and pay his salary accordingly. Rule made absolute.
Law Points
- Approval of appointment to aided post cannot be re-opened at stage of inclusion in salary payment system
- Shalarth system is for streamlining salary payment not for re-examining approvals
Case Details
2022 LawText (BOM) (02) 33
Writ Petition No.8966 of 2021
Sunil B. Shukre, Amit Borkar
Mr. Prashant Bhavake for the Petitioner, Mr. S. B. Kalel, AGP for the Respondent-State
The State of Maharashtra through its Secretary, School Education & Sports Department, The Commissioner of Education, The Director of Education, The Deputy Director of Education, The Education Officer (Secondary), Zilla Parishad, Kolhapur, Shri Chatrapati Shivaji Shikshan Sanstha, Shivshankar High School
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Nature of Litigation
Writ petition challenging the refusal to include the petitioner's name in the Shalarth system for online salary payment on the ground that the Deputy Director of Education sought to re-examine the approval of the petitioner's appointment to an aided post.
Remedy Sought
The petitioner sought a direction to the respondents to include his name in the Shalarth system and pay his salary accordingly.
Filing Reason
The Deputy Director of Education refused to include the petitioner's name in the Shalarth system, seeking to re-examine the approval granted by the Education Officer for the petitioner's transfer from an unaided post to an aided post.
Previous Decisions
The Education Officer (Respondent No.5) approved the petitioner's appointment to the aided post vide communication dated 9/7/2020, which was not reviewed or set aside.
Issues
Whether the Deputy Director of Education can re-examine the validity of approval granted to a teacher's appointment to an aided post at the stage of inclusion of the teacher's name in the Shalarth system for online salary payment.
Submissions/Arguments
The petitioner argued that the approval granted by the Education Officer had attained finality and could not be re-opened by the Deputy Director. The respondents sought time to file a reply, which was rejected by the court.
Ratio Decidendi
Once the Education Officer grants approval to the appointment of a teacher to an aided post upon transfer from an unaided post, such approval attains finality and cannot be re-opened by the Deputy Director of Education at the stage of inclusion of the teacher's name in the Shalarth system, which is meant for streamlining salary payment and not for re-examining the validity of approvals already granted.
Judgment Excerpts
This is the case wherein the Petitioner an Assistant Teacher, initially appointed to an unaided post was transferred as an Assistant Teacher to an aided post. Such appointment of the Petitioner received approval of the Education Officer, Respondent No.5 as per his communication dated 9/7/2020. This communication has attained finality as it was not reviewed or set aside any time later.
When such is the object of the Shalarth system, the Deputy Director, Education cannot again look into the irregularity or otherwise caused in granting the approval to the appointment of the school employees by the Education Officer.
Procedural History
The petitioner filed a writ petition before the Bombay High Court challenging the refusal of the Deputy Director of Education to include his name in the Shalarth system. The court heard the matter and delivered judgment on 21 February 2022.
