Case Note & Summary
The petitioner, Tikaram Sheruji Indulkar, was appointed as a Lecturer in a Junior College run by Snehadeep Education Society by an order dated 19th June 1992. However, the Deputy Director of Education, Nagpur Division, by order dated 30th September 1992, refused approval to the appointment. The petitioner filed a writ petition seeking salary and allowances for the period of his employment, both before and after the refusal order. The petitioner was silent on when he came to know about the refusal order and how he continued in employment despite such knowledge. The court noted that the petitioner did not challenge the refusal order and that the appointment was without approval. The court held that without approval from the education authority, the petitioner had no right to receive salary. The writ petition was dismissed as devoid of merit, with no order as to costs.
Headnote
A) Service Law - Appointment - Approval - Refusal of Approval - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Petitioner appointed as Lecturer in Junior College, but Deputy Director refused approval - Petitioner continued working despite knowledge of refusal - Held that without approval, petitioner has no right to salary, and writ petition is liable to be dismissed (Paras 2-5).
Issue of Consideration
Whether a lecturer whose appointment was refused approval by the Deputy Director of Education is entitled to salary for the period of employment before and after the refusal order.
Final Decision
Writ petition dismissed. No order as to costs.
Law Points
- Appointment without approval from education authority does not confer right to salary
- Writ petition dismissed for lack of merit
- No interference under Article 226
Case Details
2010 LawText (BOM) (01) 413
Writ Petition No.673 of 1994
Mr. A.Z. Jibhkate for petitioner; Mr. D.P. Thakre, Asstt. Govt. Pleader for respondent no.1; Mr. M.L. Bhure for respondent nos. 2 and 3
Shri Tikaram son of Sheruji Indulkar
The Deputy Director of Education, Nagpur Division; Snehadeep Education Society; Shri J.G. Katre
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Nature of Litigation
Writ petition seeking salary and allowances for employment as Lecturer despite refusal of approval by education authority.
Remedy Sought
Petitioner sought salary and allowances for the period of his employment as Lecturer.
Filing Reason
Petitioner's appointment as Lecturer was refused approval by the Deputy Director of Education, yet he continued working and claimed salary.
Previous Decisions
Deputy Director of Education refused approval to petitioner's appointment by order dated 30th September 1992.
Issues
Whether the petitioner is entitled to salary for the period of employment when his appointment was not approved by the education authority.
Submissions/Arguments
Petitioner argued that he was appointed as Lecturer and continued in employment, thus entitled to salary.
Respondents contended that the appointment was not approved and petitioner had no right to salary.
Ratio Decidendi
An appointment that is not approved by the competent education authority does not confer any right to salary, and a writ petition seeking such salary is devoid of merit.
Judgment Excerpts
Petitioner was appointed as a Lecturer in Junior College by order dated 19th June, 1992 [Annexure-II].
Admittedly, by order dated 30th September, 1992 [Annexure-III], the Deputy Director refused approval to petitioner's appointment.
Petitioner is silent on the point as to when he came to know about the order dated 30th September, 1992 [Annex.III], and as to how he was continued in the employment, and despite said knowledge, how is he entitled to receive salary and allowances for the alleged period of employment before and after said date.
In the result, the petition is dismissed. No order as to costs.
Procedural History
Petitioner filed Writ Petition No.673 of 1994 in the High Court of Judicature at Bombay, Nagpur Bench, seeking salary and allowances for employment as Lecturer. The petition was heard and dismissed on 5th January 2010.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977:
