Case Note & Summary
The petitioner, Smt. Manjusha Umesh Ghodele, filed a writ petition seeking a direction to the respondents to pay her salary on the post of Assistant Teacher from the date of her appointment i.e. 24.07.2000 till the filing of the petition on 21.01.2002. She was appointed in an Ashram School run by the respondents. However, the respondents contended that her appointment was not regular but on an honorarium of Rs.2,500 per month, restricted to the academic year 1999-2000. In the year 2000-01, the petitioner refused to accept the honorarium with unreasonable demands. The petitioner did not produce any order of appointment to show the nature of appointment or salary payable. Approval to her appointment was also not granted. She was out of employment since 12.01.2002. The court observed that various disputed questions of fact were involved, such as the nature of appointment and the terms of payment. Since the petitioner failed to produce the appointment order and the facts were disputed, the court held that it was not possible to issue a writ of mandamus directing payment of salary in the scale of pay. The petition was dismissed, rule discharged, and no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Disputed Questions of Fact - The petitioner sought direction to pay salary on the post of Assistant Teacher from the date of appointment. The court held that since the appointment was on honorarium of Rs.2,500 per month and not regular, and the petitioner did not produce appointment order, there were disputed questions of fact which cannot be adjudicated in writ jurisdiction. Hence, mandamus cannot be issued. (Paras 1-2)
Issue of Consideration
Whether a writ of mandamus can be issued directing payment of salary in the scale of pay when the appointment was on honorarium basis and there are disputed questions of fact.
Final Decision
The petition is dismissed. Rule is discharged. No order as to costs.
Law Points
- Mandamus
- Disputed questions of fact
- Writ jurisdiction
- Appointment on honorarium
