Case Note & Summary
The petitioner, Asha Krishnaji Kulkarni, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a writ of mandamus directing the respondents to release her salary for services rendered as a Special Teacher in the Deaf and Dumb School, Satara, with effect from 25th June, 2015. The respondents included the State of Maharashtra, the Commissioner for Persons with Disabilities, the Regional Deputy Commissioner Social Welfare, the District Social Welfare Officer, the Head-Mistress of the school, and the President of Samta Shikshak Mandal. The petitioner was appointed as a special teacher and had been rendering services but her salary was not paid from the date of appointment. The court heard the learned counsel for the petitioner, Mr. Pradeep J. Thorat, and the learned AGP for the respondent-State, Mr. V.M. Mali. The court considered the submissions and held that the petitioner is entitled to salary for the period she actually worked. The court directed the respondents to release the salary of the petitioner for the services rendered by her with effect from 25th June, 2015, within a period of eight weeks from the date of the order. The writ petition was allowed in terms of prayer clause (a). Rule was made absolute accordingly.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India - Salary for Services Rendered - The petitioner, appointed as a special teacher, sought direction to respondents to release salary from 25th June, 2015. The court held that the petitioner is entitled to salary for the period she actually worked, and directed the respondents to pay the same within a specified period. (Paras 1-14)
Issue of Consideration
Whether the petitioner, a special teacher appointed in a Deaf and Dumb School, is entitled to salary from the date of her appointment (25th June, 2015) for services rendered.
Final Decision
The writ petition is allowed in terms of prayer clause (a). The respondents are directed to release the salary of the petitioner for the services rendered by her with effect from 25th June, 2015, within a period of eight weeks from today. Rule is made absolute accordingly.
Law Points
- Writ of Mandamus
- Article 226 of the Constitution of India
- Right to Salary for Services Rendered
- Social Justice
