Case Note & Summary
The petitioner, Prakash s/o Laxman Narnaware, filed a writ petition before the Bombay High Court, Nagpur Bench, seeking payment of salary for his services as a teacher at Dnyansagar Madhyamik Vidyalaya, Ashti, a grant-in-aid school. He had been working since 27.07.2012 but was not receiving salary because the Education Officer (respondent no.2) rejected approval of his appointment for want of a caste validity certificate from the Scrutiny Committee. The petitioner's caste claim was pending before the Committee, and this Court had earlier directed the Committee to decide the claim by order dated 03.04.2014. The petitioner argued that he was working and entitled to earned wages from both the management and the Government. The State opposed, contending that since the appointment was subject to validity certificate, no salary could be paid. The Court observed that the only reason for rejection of approval was non-submission of the caste validity certificate, which was beyond the petitioner's control as the claim was pending. The Court held that the petitioner cannot be denied salary for the work already performed merely because the certificate is pending. The Court directed the Education Officer to reconsider the approval and pay salary to the petitioner from the date of his appointment, subject to the outcome of the caste validation proceedings. The petition was allowed with the direction to the Education Officer to pass appropriate orders within four weeks.
Headnote
A) Service Law - Salary for Work Done - Pending Caste Validation - Employee cannot be denied salary for actual work performed merely because caste validity certificate is pending before Scrutiny Committee - Held that the Education Officer's rejection of approval solely on ground of non-submission of caste validity certificate is unsustainable and the employee is entitled to salary from the management and Government (Paras 2-3).
Issue of Consideration
Whether an employee whose appointment is subject to caste validity certificate and whose caste claim is pending before the Scrutiny Committee is entitled to salary for the work already performed?
Final Decision
The petition is allowed. The impugned order of the Education Officer is set aside. The Education Officer is directed to reconsider the approval and pay salary to the petitioner from the date of his appointment, subject to the outcome of the caste validation proceedings. The Education Officer shall pass appropriate orders within four weeks.
Law Points
- Right to salary for work done
- pending caste validation
- cannot be denied solely due to non-submission of caste validity certificate when claim is pending before Scrutiny Committee
- Appointment subject to caste validity certificate does not disentitle employee to salary for actual work performed
