Case Note & Summary
The petitioners, Sandip Dilip Thorat and Surekha Anant Kumbhar, were Assistant Teachers initially appointed on a grant-in-aid basis in unaided divisions of their respective schools. They were subsequently transferred by the school management to 100% aided posts. The Education Officer (Secondary) of the Zilla Parishad granted approval to the transfers but with effect from a date later than the actual date of transfer, thereby denying them regular pay scales and arrears for the intervening period. The petitioners filed writ petitions seeking directions to modify the approval orders to reflect the actual date of transfer and to release arrears of salary. The court held that the Education Officer has no power to change the effective date of transfer approved by the management. The approval relates back to the date of transfer, and the teacher is entitled to regular pay scales from that date. The court allowed the petitions, directing the Education Officer to modify the approval orders and release arrears within four weeks.
Headnote
A) Education Law - Transfer of Teachers - Approval of Transfer - The Education Officer cannot unilaterally change the effective date of transfer approved by the management; the teacher is entitled to regular pay scales from the date of actual transfer and not from the date of approval by the Education Officer. (Paras 6-10) B) Education Law - Arrears of Salary - Entitlement - Once transfer is approved, the teacher is entitled to arrears of salary in the regular pay scale from the date of transfer, as the approval relates back to the date of transfer. (Paras 11-12)
Issue of Consideration
Whether the Education Officer can grant approval to the transfer of teachers from unaided to aided posts with effect from a date later than the actual date of transfer, thereby denying them regular pay scales and arrears for the intervening period.
Final Decision
The court allowed the writ petitions, directing the Education Officer to modify the approval orders to reflect the actual date of transfer and to release the arrears of salary in the regular pay scale from that date within four weeks.
Law Points
- Transfer of teachers from unaided to aided posts
- approval of transfer by Education Officer
- entitlement to regular pay scales from date of transfer
- arrears of salary
