Case Note & Summary
The petitioners, St. John's English Primary School and its managing society, challenged an order passed by the Education Officer (Primary), Zilla Parishad, Nagpur, directing them to pay salary to respondent No.2, a teacher, for the period she remained absent from duty. The respondent No.2 was employed as an Assistant Teacher in the petitioner No.1 School, an unaided minority institution, since 1994. She had a history of unauthorized absence: she remained absent without prior permission from 03/02/2004 to 07/02/2004 and again from 25/07/2005 to 03/08/2005 on medical grounds without supporting documents. On both occasions, she was warned and gave an undertaking to obtain prior permission for leave. Despite this, she remained absent for the entire academic session from 26/06/2012 to 24/04/2013 without prior permission. The petitioners sent a communication on 27/05/2013 directing her to join duty from 26/06/2013. The Education Officer, however, passed an order directing the petitioners to pay salary for the entire period of absence, treating it as medical leave, as the teacher had leave to her credit. The petitioners challenged this order. The Court held that the teacher's absence was unauthorized and without prior permission, and she was not entitled to salary for that period. The Education Officer's order was quashed and set aside.
Headnote
A) Education Law - Unaided Minority Institution - Unauthorized Absence - Salary - The Education Officer directed payment of salary for the entire period of absence of a teacher who remained absent without prior permission for almost one academic year. The Court held that the teacher was not entitled to salary for the period of unauthorized absence, as the absence was without prior permission and in violation of rules, and the Education Officer's order was unsustainable. (Paras 3-5) B) Education Law - Leave - Prior Permission - The teacher had a history of unauthorized absence and had given an undertaking to obtain prior permission. Despite this, she remained absent for the entire academic session 2012-2013 without prior permission. The Court held that the teacher's absence was not covered by any sanctioned leave and she was not entitled to salary. (Paras 4-5)
Issue of Consideration
Whether the Education Officer could direct payment of salary to a teacher for the period of unauthorized absence without prior permission, in an unaided minority institution, and whether such direction was sustainable in law.
Final Decision
The Court allowed the writ petition, quashing and setting aside the order of the Education Officer dated [date not mentioned] directing payment of salary to respondent No.2 for the period of her absence.
Law Points
- Unaided minority institution
- unauthorized absence
- salary for absence period
- leave without prior permission
- Education Officer's jurisdiction
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
