Case Note & Summary
The petitioners, four Assistant Teachers employed at Smt. Rukhminidevi Mandalik Prathamik Vidyalaya, Fagne, Dhule, filed a writ petition under Article 226 of the Constitution seeking direction to the Education Officer (Primary), Zilla Parishad, Dhule to release their unpaid salary from 01.09.2014 onwards and to continue payment in future. The petitioners were appointed in the year 2000-2001 and their services were approved by the Education Officer. The school had run without government grant from 1984 to 1998. In 1998, the Deputy Director of Education informed the management that the government had decided to bring such schools on grant-in-aid, and from 1999-2000 the school started receiving grant. Despite this, the Education Officer stopped releasing salary from September 2014, allegedly on the ground that the school was not eligible for grant when the petitioners were appointed. The court heard the parties and observed that since the school was receiving grant-in-aid and the petitioners' appointments were approved, the salary could not be withheld. The court directed the Education Officer to release the unpaid salary within four weeks and to continue paying monthly salary in future. The petition was allowed with no order as to costs.
Headnote
A) Service Law - Salary of Teachers - Grant-in-Aid Schools - Withholding of Salary - Petitioners, approved Assistant Teachers in a grant-in-aid primary school, sought direction for release of unpaid salary from 01.09.2014 onwards - Respondent Education Officer withheld salary on ground that school was not eligible for grant when petitioners were appointed - Court held that since the school was receiving grant-in-aid and petitioners' appointments were approved, salary cannot be withheld - Directed release of unpaid salary within four weeks and continuation of monthly salary (Paras 3-6).
Issue of Consideration
Whether the Education Officer can withhold salary of teachers whose appointments are approved and whose school is receiving grant-in-aid, on the ground that the school was not eligible for grant at the time of appointment.
Final Decision
Writ petition allowed. Respondent No.3 directed to release unpaid salary of petitioners from 01.09.2014 within four weeks and to continue payment of monthly salary in future. Rule made absolute. No order as to costs.
Law Points
- Right to salary for approved teachers
- Grant-in-aid school obligations
- Article 226 jurisdiction for salary recovery
