Case Note & Summary
The Petitioner, challenged the Deputy Director of Education's order approving his transfer from an unaided to a fully aided post of Assistant Teacher but granting salary grants partially, starting at 20% and increasing to 100% over five years. The Petitioner argued that under Rule 41 of The Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (MEPS Rules), he was entitled to full salary grants from the transfer date. The State relied on a Government Resolution dated 28 June 2016 to justify the partial grants. The High Court held that the transfer was governed by MEPS Rules, making the Government Resolution inapplicable. The Court found the partial grant policy arbitrary and directed the Deputy Director to modify the approval to grant 100% salary benefits effective from 1 July 2017, with arrears payable within three months.
Headnote
The High Court of Judicature at Bombay, Circuit Bench at Kolhapur, in Writ Petition No. 6810 of 2024, allowed the petition filed by Petitioner -- The Court held that the Deputy Director of Education's approval order, which granted salary grants partially at 20% initially and increasing annually to 100% over five years, was arbitrary and contrary to Rule 41 of The Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (MEPS Rules) -- The Petitioner, appointed on an unaided post in 2008 and transferred to a fully aided post in 2017 under Rule 41 of MEPS Rules, was entitled to 100% salary grant effective from the date of transfer -- The Court found the Government Resolution dated 28 June 2016 inapplicable as it pertained to transfers not governed by MEPS Rules -- The impugned order was quashed and set aside, with directions to release full salary grants retrospectively -- Paragraphs 1, 3, 5, 6, 7, 8, 9, 10
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Issue of Consideration: The Issue of whether the Deputy Director of Education was justified in approving only partial salary grants for a teacher transferred from an unaided to a fully aided post under Rule 41 of the MEPS Rules, 1981
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Final Decision
The High Court allowed the Writ Petition, quashed and set aside the impugned order dated 23 August 2023, and directed the Deputy Director of Education to issue a modified approval order granting 100% salary grant to the Petitioner effective from 1 July 2017, with arrears payable within three months
