Case Note & Summary
The petitioners, Vikas Shikshan Sanshtha and Adiwasi Post Basic Ashram School, filed a writ petition challenging an order dated 03.06.2014 passed by the Additional Commissioner, Tribal Development Department, Nagpur. The order directed the petitioners to pay the salary of respondent No.4, Shri Narendrakumar Kokude, for the period from 28.09.2002 to 16.12.2005, and refused grant-in-aid facility. The undisputed facts were that for the period from 28.09.1998 to 31.04.1999, two teachers, Shri Badwaik and Shri Kokude, worked on the same post admissible for salary grant. The management paid Shri Badwaik's salary from its own funds for a later period. The approval to Shri Kokude's appointment was granted on 21.04.2008 for the period from 28.09.2002 to 16.12.2005. The court noted that the entitlement to grant-in-aid was not in dispute and that there was no case of double payment from the state exchequer. The court allowed the petition, quashed the impugned order, and directed respondent No.3 to release the salary of respondent No.4 for the said period within one month of completion of all other requirements.
Headnote
A) Service Law - Grant-in-Aid - Entitlement to Reimbursement - Approval of Appointment - Where the appointment of a teacher was approved by the authorities, the management is entitled to grant-in-aid for reimbursement of salary for the approved period, unless it results in double payment from the state exchequer. - Held that the order denying grant-in-aid was quashed and respondents directed to release salary (Paras 4-5).
Issue of Consideration
Whether the petitioners are entitled to grant-in-aid for salary of a teacher whose appointment was approved by the respondents.
Final Decision
Writ petition allowed. Order dated 03.06.2014 quashed and set aside. Respondent No.3 directed to release salary of respondent No.4 for period 28.09.2002 to 16.12.2005 within one month of completion of all other requirements.
Law Points
- Grant-in-aid entitlement
- Approval of appointment
- Reimbursement of salary
- No double payment from state exchequer
