Case Note & Summary
The petitioner, Smt. Surekha Gangadhar Hingwe, filed a writ petition seeking a direction to the respondents to pay her salary on the post of Head Mistress from the date of appointment i.e. 01.07.1999 till the filing of the petition. She was appointed in an Ashram School. However, the respondent, Special District Social Welfare Officer, contended that the appointment was not regular but on an honorarium of Rs.2,500 per month, restricted for the year 1999-2000. The petitioner refused to accept the honorarium in the year 2000-01 with unreasonable demands. The petitioner did not produce any appointment order, and no approval was granted to her appointment. She has been out of employment since 12.01.2002. The court found that various disputed questions of fact were involved, making it impossible to issue a writ of mandamus to direct payment of salary in the scale of pay available to the post of Assistant Teacher. Consequently, the petition was dismissed, rule discharged, and no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Disputed Questions of Fact - The court held that when there are disputed questions of fact regarding the nature of appointment and salary, a writ of mandamus cannot be issued to direct payment of salary in a particular scale. The petition was dismissed as the appointment was on honorarium basis and not regular. (Paras 1-3)
Issue of Consideration
Whether a writ of mandamus can be issued to direct payment of salary in the scale of pay when the appointment was on honorarium basis and disputed questions of fact exist.
Final Decision
The petition is dismissed. Rule is discharged. No order as to costs.
Law Points
- Writ of mandamus cannot be issued when disputed questions of fact exist
- Appointment without approval cannot be enforced via writ jurisdiction
Case Details
2017 LawText (BOM) (06) 136
WRIT PETITION NO. 774 OF 2002
R. K. DESHPANDE, Mrs. SWAPNA JOSHI
Shri J.L.Bhoot for Petitioner, Shri S.M.Ukey, Addl. Govt. Pleader for Respondent no.2
Smt. Surekha Gangadhar Hingwe
Gram Vikas Mandal, Karanja (Ghadge), Special District Social Welfare Officer, Wardha, Hansa Krida Nyas Prasarak Mandal
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Nature of Litigation
Writ petition seeking direction to pay salary on the post of Head Mistress.
Remedy Sought
Petitioner sought direction to respondents to pay salary on the post of Head Mistress from 01.07.1999 till filing of petition.
Filing Reason
Petitioner claimed she was appointed as Head Mistress in an Ashram School but was not paid salary in the scale of pay.
Issues
Whether a writ of mandamus can be issued to direct payment of salary in the scale of pay when the appointment was on honorarium basis and disputed questions of fact exist.
Submissions/Arguments
Petitioner argued that she was appointed as Head Mistress and entitled to salary in the scale of pay.
Respondent contended that appointment was on honorarium of Rs.2,500 per month, restricted for 1999-2000, and petitioner refused to accept honorarium with unreasonable demands.
Ratio Decidendi
When there are disputed questions of fact regarding the nature of appointment and salary, a writ of mandamus cannot be issued to direct payment of salary in a particular scale.
Judgment Excerpts
In such a situation, various disputed questions of fact are involved and it is, therefore, not possible for us to issue mandamus to the respondents to pay the salary to the petitioner in the scale of pay available to the post of Assistant Teacher.
Procedural History
Petition filed on 23/24.01.2002. Reply filed by Special District Social Welfare Officer. Heard on 28.06.2017 and dismissed.
