Case Note & Summary
The petitioner, Municipal Council, Pusad, challenged letters dated 29/12/2004 and 22/2/2005 issued by the Education Officer (Secondary), Yavatmal. The Education Officer had refused to grant ex post facto sanction for the suspension of Head Master Shri K. P. Chirde and refused to sanction alternate administrative arrangements. By letter dated 22/2/2005, the Education Officer reiterated the refusal and stated that the responsibility for salary and allowances of the suspended teacher would be on the Municipal Council. The petitioner argued that Rules 33 and 35 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, requiring prior permission, are directory and not mandatory. The court found that the scheme of Rules 33 and 35(1) provides that the rule of prior permission is directory in the sense that want of prior permission may not render the suspension void. However, when suspension is effected without prior permission, it fastens on the employer the liability to pay allowance from its own funds during the suspension period. This obligation cannot be avoided when the management effects the suspension first. The court held that the petition lacked merits and dismissed it with costs.
Headnote
A) Service Law - Suspension of Teacher - Prior Permission - Rules 33 and 35 of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - The court considered whether the requirement of prior permission for suspension is mandatory or directory. Held that the requirement is directory, and suspension without prior permission is not void, but the employer becomes liable to pay the suspended employee's salary and allowances from its own funds during the suspension period. (Paras 7-8)
Issue of Consideration
Whether Rules 33 and 35 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 requiring prior permission for suspension are mandatory or directory, and the consequences of suspension without prior permission.
Final Decision
The petition is dismissed with costs.
Law Points
- Rule 33 and 35 of Maharashtra Employees of Private Schools (Conditions of Service) Rules
- 1981 are directory
- not mandatory
- want of prior permission does not render suspension void
- employer liable to pay allowance from own funds during suspension if prior permission not obtained.
Case Details
2006 LawText (BOM) (04) 109
Writ Petition No.5347 of 2005
Shri Nitin Sambre for petitioner; AGP for respondents
Municipal Council, Pusad, through its Chief Officer, Pusad
1. The Education Officer, (Secondary) C/o Zilla Parishad, Yavatmal. 2. Zilla Parishad, Yavatmal through its Chief Executive Officer, Yavatmal.
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Nature of Litigation
Writ petition challenging letters of Education Officer refusing ex post facto sanction for suspension of Head Master and refusing alternate arrangement.
Remedy Sought
Petitioner sought quashing of letters dated 29/12/2004 and 22/2/2005 and direction to grant ex post facto sanction.
Filing Reason
Education Officer refused to sanction suspension of Head Master and held Municipal Council liable for salary during suspension.
Issues
Whether Rules 33 and 35 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 are mandatory or directory.
Whether suspension without prior permission is void.
Who bears the liability for salary during suspension when prior permission is not obtained.
Submissions/Arguments
Petitioner argued that Rules 33 and 35 are directory, not mandatory.
Petitioner argued that letter Exh.D impliedly sanctioned alternate arrangement, making letter Exh.E erroneous.
Ratio Decidendi
Rules 33 and 35 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 are directory; want of prior permission does not render suspension void, but the employer becomes liable to pay salary and allowances from its own funds during the suspension period.
Judgment Excerpts
What this Court finds is that the scheme of Rule 33 and 35(1) provides that the rule of prior permission is directory in the sense that want of prior permission may not render the suspension, void, if the suspension is ordered without prior permission.
However, when the suspension is effected without prior permission, it fastens on the employer i.e. management the liability to pay allowance from own funds, during the period of suspension.
Procedural History
The petitioner filed a writ petition challenging letters dated 29/12/2004 and 22/2/2005 issued by the Education Officer. The court heard the matter and delivered judgment on 12/04/2006.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981: 33, 35
