Case Note & Summary
The petitioners, two qualified teachers working in the English Medium Section of respondent No.3 school run by respondent No.2 Management, filed this writ petition seeking implementation of an earlier Division Bench judgment dated 9th September 1997 in Writ Petition No.1344 of 1994. That judgment had directed the Management to pay teachers salaries as per government scales prescribed in Annexure-C to the MEPS Rules. The first petitioner joined in July 1989 and the second petitioner joined in June 1986. The second petitioner did not press the petition. The grievance was that despite the earlier judgment, the Management had not paid arrears correctly, taking the stand that arrears were payable only from 1991 based on limitation. The Management's letter dated 7th March 1998 stated arrears were being worked out but claimed limitation barred arrears prior to 1991. The court examined the earlier judgment and found no restriction on the date from which arrears were payable. The court held that salary is a recurring right and each month's salary gives rise to a fresh cause of action; therefore, limitation does not bar arrears from the date of appointment. The court directed the Management to pay the first petitioner arrears from July 1989 with interest at 6% per annum from the date each amount fell due until payment, within three months. The petition was allowed in part.
Headnote
A) Service Law - Arrears of Salary - Limitation - Implementation of Court Order - Petitioner teacher sought arrears of salary from date of appointment (1989) based on earlier Division Bench judgment - Management contended limitation bars arrears prior to 1991 - Court held that the earlier judgment did not restrict arrears to any particular date and the claim for salary is a recurring right; limitation does not apply to bar arrears from the date of appointment when the right to salary accrues each month - Held that the petitioner is entitled to arrears from July 1989 (date of joining) with interest at 6% per annum (Paras 6-8).
Issue of Consideration
Whether the petitioner teacher is entitled to arrears of salary from the date of her initial appointment (1989) or only from 1991 as contended by the management based on limitation.
Final Decision
The petition is allowed in part. The Management is directed to pay the first petitioner arrears of salary from July 1989 with interest at 6% per annum from the date each amount fell due until payment, within three months. The second petitioner's claim is not pressed and is dismissed.
Law Points
- Implementation of court orders
- Arrears of salary
- Limitation period for salary claims
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- MEPS Rules Annexure-C scales
