Case Note & Summary
The judgment involves two interconnected writ petitions: one by the Management (Samaj Shikshan Mandal and Tanaji Daulatrao Patil Vidyalaya) challenging the appointment of the Employee (Meena d/o Amrut Patil) as an Assistant Teacher, and the other by the Employee seeking salary fixation from the date of her appointment. The Employee was appointed by the Management without prior approval of the Education Officer as required under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Rules. The Management argued that the appointment was invalid and that the Employee was not entitled to salary. The Employee contended that she was appointed and worked, and the Management cannot deny her salary due to its own fault. The court held that the appointment without prior approval is invalid, but the Employee is entitled to salary from the date of appointment because the Management cannot take advantage of its own wrong. The court dismissed the Management's petition and allowed the Employee's petition, directing the Management to pay salary from the date of appointment and fix the salary accordingly.
Headnote
A) Education Law - Appointment of Teacher - Prior Approval - Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Rule 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - The appointment of an Assistant Teacher by the Management without prior approval of the Education Officer is invalid and cannot be regularized retrospectively. The Management cannot claim that the employee is not entitled to salary for the period prior to approval. Held that the employee is entitled to salary from the date of appointment as the management cannot take advantage of its own wrong. (Paras 1-10) B) Education Law - Salary Fixation - Entitlement from Date of Appointment - Section 5 of the MEPS Act - Where the management appoints a teacher without prior approval, the teacher is entitled to salary from the date of appointment, and the management cannot deny salary on the ground that the appointment was invalid. The court directed the management to pay salary from the date of appointment and fix the salary accordingly. (Paras 1-10)
Issue of Consideration
Whether the appointment of an Assistant Teacher by the Management without prior approval of the Education Officer is valid and whether the employee is entitled to salary from the date of appointment.
Final Decision
The court dismissed the Management's petition (WP 9744/2013) and allowed the Employee's petition (WP 173/2015), directing the Management to pay salary from the date of appointment and fix the salary accordingly.
Law Points
- Appointment without prior approval is invalid
- Salary entitlement from date of appointment
- Management cannot take advantage of its own wrong
- Section 5 of MEPS Act
- Rule 9 of MEPS Rules
