Case Note & Summary
The petitioner, Mrs. Swati Satish Nazare, filed a writ petition under Article 226 of the Constitution of India seeking a direction to respondent No.2 (Education Officer (Primary), Brihanmumbai Municipal Corporation) to grant approval to her appointment as a Special Teacher/Drawing Teacher in respondent No.4 School with effect from 16/07/1995 and to release grant-in-aid for payment of salary from 10th June onwards, i.e., from the stage the respondent No.4 School started receiving grant-in-aid. The petitioner possessed qualifications of B.Com (1991), Art Teachers Diploma (ATD) passed in 1993, and Art Master (AM) passed in 2012. Pursuant to an advertisement dated 01/06/1995 issued by respondent No.3, the petitioner applied for the post of Art Teacher in respondent No.4 School, was selected, and appointed as an Assistant Teacher with effect from 16/06/1995. The Managing Committee of respondent No.3 passed a resolution on 30/11/1996 to pay salary to the petitioner in the payscale prescribed by the Mumbai Municipal Corporation Education Department. The court considered the facts and submissions, and directed respondent No.2 to grant approval to the petitioner's appointment as a Drawing Teacher with effect from 16/07/1995 and to release grant-in-aid for payment of salary to the petitioner from 10th June onwards, i.e., from the stage the respondent No.4 School started receiving grant-in-aid. The court held that the petitioner is entitled to the relief sought.
Headnote
A) Service Law - Appointment Approval - Grant-in-Aid - Petitioner appointed as Drawing Teacher in 1995, school received grant-in-aid from 10th June onwards - Court directed respondent No.2 to grant approval to petitioner's appointment as Drawing Teacher with effect from 16/07/1995 and to release grant-in-aid for salary from 10th June onwards i.e. from the stage the respondent No.4 School started receiving grant-in-aid - Held that the petitioner is entitled to approval and salary from the date the school became grant-in-aid (Paras 3-17).
Issue of Consideration
Whether the petitioner is entitled to approval of her appointment as a Special Teacher/Drawing Teacher and consequential grant-in-aid for salary from the date the school started receiving grant-in-aid.
Final Decision
The court directed respondent No.2 to grant approval to the petitioner's appointment as a Drawing Teacher with effect from 16/07/1995 and to release grant-in-aid for payment of salary to the petitioner from 10th June onwards, i.e., from the stage the respondent No.4 School started receiving grant-in-aid. Rule made absolute accordingly.
Law Points
- Article 226 of the Constitution of India
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- Maharashtra Employees of Private Schools (Conditions of Service) Rules
- 1981
- Grant-in-Aid Code
