Case Note & Summary
The petitioners, a management body and a junior college, challenged an order dated 09.06.2009 passed by the Deputy Director of Education, Amravati Division. The Deputy Director had directed the management to pay salary to respondent no.3, a teacher, for the years 1997-98 and 2000-01, while also holding that the teacher's approval was rightly rejected. The teacher had been appointed subject to departmental approval, but the department did not approve his services, leading to non-payment of salary for those years. The teacher had not been in service since 2001-02. He filed Writ Petition No.5794/2006, and the High Court directed the Deputy Director to consider the question of approval after hearing parties, without granting any prayer for salary payment. The Deputy Director then passed the impugned order. The petitioners argued that the Deputy Director had no jurisdiction to direct payment of salary, and that the order was passed without notice to them. The court agreed, holding that the Deputy Director of Education does not have the power to recover or direct payment of salary under the law. The court set aside the part of the order directing salary payment, while leaving the rest of the order undisturbed. The rule was made absolute accordingly.
Headnote
A) Education Law - Service Dispute - Jurisdiction of Deputy Director - Deputy Director of Education lacks power to direct payment of salary - The Deputy Director of Education, while considering approval of appointment, cannot order the management to pay salary as no such power is conferred by law - Held that the order directing payment of salary is without jurisdiction and void (Paras 7-8).
Issue of Consideration
Whether the Deputy Director of Education has the power to direct payment of salary to a teacher whose approval was rejected.
Final Decision
The court allowed the writ petition, setting aside the part of the impugned order directing payment of salary to respondent no.3, while leaving the rest of the order undisturbed. Rule made absolute.
Law Points
- Deputy Director of Education lacks power to direct payment of salary
- Order without jurisdiction is void
- No power to recover salary under education laws
