Case Note & Summary
The petitioners, Navodaya Shikshan Sanstha and its Principal, challenged an order of the School Tribunal dated 10.03.2014 directing them to pay subsistence allowance to respondent no.1, a Senior Lecturer who was suspended on 26.08.2011 and later terminated on 13.06.2012. The respondent had filed an appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 against the termination, and during the appeal, moved an application for subsistence allowance for the suspension period. The Tribunal allowed the application, directing payment as per the Rules of 1981. The petitioners argued that the Tribunal lacked jurisdiction to grant such interim relief. The High Court examined the scope of Section 9 and held that the Tribunal's power to decide the appeal includes ancillary powers to grant interim relief necessary to effectuate the appeal and prevent injustice. The Court noted that the suspension order itself entitled the employee to subsistence allowance, and the Tribunal's direction was within its jurisdiction. The petition was dismissed, upholding the Tribunal's order.
Headnote
A) Education Law - School Tribunal Jurisdiction - Interim Relief - Section 9 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The School Tribunal has the power to grant interim relief including direction to pay subsistence allowance pending appeal, as the power to decide the appeal includes ancillary powers to make such orders as are necessary to effectuate the appeal and prevent injustice. (Paras 2, 6-7)
B) Service Law - Subsistence Allowance - Rule 35 of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - The Tribunal can direct payment of subsistence allowance during suspension period even after termination, as the appeal challenges the termination and the suspension period remains relevant. (Paras 3, 8)
Issue of Consideration
Whether the School Tribunal, in an appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, has the power to issue interim directions to the management to pay subsistence allowance to an employee during the pendency of the appeal.
Final Decision
The High Court dismissed the writ petition, holding that the School Tribunal has the power to grant interim relief including direction to pay subsistence allowance pending appeal under Section 9 of the MEPS Act, 1977. The impugned order dated 10.03.2014 was upheld.
Law Points
- Jurisdiction of School Tribunal to grant interim relief
- Power to direct payment of subsistence allowance
- Interpretation of Section 9 of MEPS Act
- 1977
- Rule 35 of MEPS Rules
- 1981
Case Details
2015 LawText (BOM) (02) 158
Writ Petition No. 2357 of 2014
Shri Amol B. Patil for petitioners, Shri Y. S. Gorle for respondent No. 1, Smt. M. N. Hiwase for respondent No. 4
Navodaya Shikshan Sanstha and Another
Hemant Prakashrao Darvekar and Others
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Nature of Litigation
Writ petition challenging the order of the School Tribunal directing payment of subsistence allowance pending appeal under Section 9 of the MEPS Act, 1977.
Remedy Sought
Petitioners sought quashing of the Tribunal's order dated 10.03.2014 directing payment of subsistence allowance.
Filing Reason
Petitioners contended that the School Tribunal lacked jurisdiction to direct payment of subsistence allowance as an interim measure.
Previous Decisions
The School Tribunal by order dated 10.03.2014 allowed the application of respondent no.1 and directed the petitioners to pay subsistence allowance as per Rules of 1981.
Issues
Whether the School Tribunal has jurisdiction to grant interim relief in the form of direction to pay subsistence allowance in an appeal under Section 9 of the MEPS Act, 1977.
Submissions/Arguments
Petitioners argued that the School Tribunal has no power to direct payment of subsistence allowance as it is not expressly provided under Section 9 of the Act.
Respondent no.1 argued that the Tribunal has ancillary powers to grant interim relief to effectuate the appeal and prevent injustice.
Ratio Decidendi
The power of the School Tribunal under Section 9 of the MEPS Act, 1977 to decide an appeal includes ancillary powers to grant interim relief such as direction to pay subsistence allowance, as such relief is necessary to effectuate the appeal and prevent injustice. The Tribunal's order was within its jurisdiction.
Judgment Excerpts
The jurisdictional issue that arises for consideration in this Writ Petition is, whether in an appeal filed under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, the School Tribunal is empowered to issue interim directions to the management to pay subsistence allowance?
The power to decide the appeal includes ancillary powers to make such orders as are necessary to effectuate the appeal and prevent injustice.
Procedural History
Respondent no.1 was suspended on 26.08.2011 and terminated on 13.06.2012. He filed an appeal under Section 9 of the MEPS Act, 1977 before the School Tribunal. During the appeal, he filed an application (Ex. 20) for subsistence allowance. The Tribunal allowed the application on 10.03.2014. The petitioners challenged this order by filing the present writ petition on 17.02.2015, which was heard and finally disposed of on 26.02.2015.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977: Section 9
- Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981: Rule 35
