Case Note & Summary
The petitioner, Mrs. Supriya Hemant Mhapankar, was appointed as a Clerk in the primary section of Gokhale Rahalkar Vidyalaya, run by Respondent No.3 Shishu Vikas Sanstha, with effect from 9th June 1988. At the time of appointment, the primary school was unaided and had less than 500 students, so the post of Clerk was not sanctioned. However, the management advertised and selected the petitioner for the post. Subsequently, a secondary section was added, and a separate Clerk post was created. The petitioner requested to be considered for that post, but her request was ignored, and Respondent No.5 was appointed without following proper procedure. The petitioner served a legal notice on 15th April 1998, but her claim was not considered. She then filed a writ petition seeking regularisation, salary at par with a sanctioned post, and consideration for transfer. The court held that since the post was not sanctioned, the petitioner cannot be regularised, but she is entitled to salary at par with a sanctioned post and her claim for transfer to the secondary section should be considered.
Headnote
A) Service Law - Regularisation - Appointment in Unaided School - Petitioner appointed as Clerk in primary section in clear vacancy - Court held that since the post was not sanctioned, the petitioner cannot be regularised but is entitled to salary at par with a sanctioned post and consideration for transfer to secondary section (Paras 1-5).
Issue of Consideration
Whether the petitioner, appointed as a Clerk in an unaided primary school in a clear vacancy, is entitled to regularisation and salary at par with a sanctioned post, and whether her claim for transfer to the secondary section was wrongly ignored.
Final Decision
The court allowed the writ petition in part. It held that the petitioner cannot be regularised as the post was not sanctioned, but she is entitled to salary at par with a sanctioned post and her claim for transfer to the secondary section should be considered.
Law Points
- Regularisation of employment
- Equal pay for equal work
- Appointment in unaided school
- Sanctioned post requirement
- Consideration for transfer
Case Details
2005 LawText (BOM) (05) 239
WRIT PETITION NO.1471 OF 1999
F.I. REBELLO, S.P. KUKDAY
Mr. N.V. Bhandiwadkar for Petitioner
Mrs. Supriya Hemant Mhapankar
The State of Maharashtra, The Education Officer (Secondary) Zilla Parishad, Thane, The Secretary Shishu Vikas Sanstha, The Head Mistress Gokhale Rahalkar Vidyalaya (Secondary), Mrs. Ashwini Khade, Education Officer (Primary) Zilla Parishad, Thane
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Nature of Litigation
Writ petition seeking regularisation, salary at par with sanctioned post, and consideration for transfer.
Remedy Sought
Petitioner sought regularisation of her appointment as Clerk, salary at par with a sanctioned post, and consideration for transfer to the secondary section.
Filing Reason
Petitioner's request for transfer to the secondary section was ignored, and Respondent No.5 was appointed without following prescribed procedure.
Issues
Whether the petitioner is entitled to regularisation of her appointment as Clerk in the primary section?
Whether the petitioner is entitled to salary at par with a sanctioned post?
Whether the petitioner's claim for transfer to the secondary section should be considered?
Submissions/Arguments
Petitioner argued that she was appointed in a clear vacancy and should be regularised and paid at par with a sanctioned post.
Respondents contended that the post was not sanctioned and therefore the petitioner cannot be regularised.
Ratio Decidendi
An employee appointed in a clear vacancy in an unaided school is not entitled to regularisation if the post is not sanctioned, but is entitled to salary at par with a sanctioned post and consideration for transfer to a sanctioned post.
Judgment Excerpts
Briefly stated the relevant are that Respondent No.3 Shishu Vikas Sanstha runs Gokhale Rahalkar Vidyalaya at Ambernath, Dist: Thane.
Petitioner was appointed as a Clerk in Primary Section of the Respondent School in a clear vacancy with effect from 9th June, 1988 for a salary of Rs.260/- per month.
Procedural History
Petitioner served legal notice on 15th April 1998; claim not considered; filed Writ Petition No.1471 of 1999 before Bombay High Court.
