Case Note & Summary
The petitioner, Eknath Ramdas Patil, was appointed as a Peon in the year 1977-78 in respondent No.4 School, which is run by respondent No.3 management, an unaided recognized English medium school. The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 read with the Rules framed in 1981 are applicable to both aided and non-aided schools in the State of Maharashtra. On 13/5/1999, the Government of Maharashtra issued a Resolution making applicable the Vth Pay Commission to employees working in Government aided schools. The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondents to implement the Government Circular dated 13/5/1999 in respect of payment of salary and to implement the Vth Pay Commission, and also sought directions to the management to pay retrenchment amount due to him. The court examined the Government Resolution and found that it expressly applies only to employees in Government aided schools. Since the petitioner's school is unaided, the resolution does not apply. Regarding retrenchment compensation, the court noted that the petitioner was still in service and had not been retrenched, so no question of retrenchment compensation arises. The court held that the petitioner failed to establish any legal right or corresponding duty on the respondents to issue a writ of mandamus. Consequently, the writ petition was dismissed with no order as to costs.
Headnote
A) Service Law - Applicability of Government Resolution - Vth Pay Commission - Government Resolution dated 13/5/1999 making Vth Pay Commission applicable to employees in Government aided schools does not apply to unaided recognized schools. The court held that the resolution is expressly limited to aided schools and cannot be extended to unaided schools. (Paras 5-6)
B) Service Law - Retrenchment Compensation - Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The petitioner claimed retrenchment compensation under the Act, but the court found that the petitioner had not been retrenched and was still in service, thus no question of retrenchment compensation arises. (Para 7)
C) Constitutional Law - Writ of Mandamus - Article 226 of Constitution of India - A writ of mandamus cannot be issued to direct implementation of a policy that does not apply to the petitioner's institution. The court held that the petitioner failed to establish any legal right or corresponding duty on the respondents. (Para 8)
Issue of Consideration
Whether the petitioner, a peon in an unaided recognized school, is entitled to the benefits of the Vth Pay Commission as per Government Resolution dated 13/5/1999 and retrenchment compensation under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Applicability of Government Resolution
- Vth Pay Commission
- Unaided Schools
- Retrenchment Compensation
- Writ of Mandamus
Case Details
2017 LawText (BOM) (08) 18
Writ Petition No.6118 of 2004
R.D. Dhanuka, Sunil K. Kotwal
Shri G.V. Wani for petitioner, Shri S.B. Joshi, A.G.P. for State, Shri A.G. Talhar for respondents No.3 and 4
Shri Eknath s/o Ramdas Patil
The State of Maharashtra, The Education Officer (Primary), Zilla Parishad, Jalgaon, The President, East Khandesh Education Society, Jalgaon, The Head Master, New English Medium School, Jalgaon
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking implementation of Government Circular and payment of retrenchment amount.
Remedy Sought
Petitioner sought a writ of mandamus directing respondents to implement Government Circular dated 13/5/1999 regarding Vth Pay Commission and to pay retrenchment amount.
Filing Reason
Petitioner claimed entitlement to Vth Pay Commission benefits and retrenchment compensation as per the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.
Issues
Whether the Government Resolution dated 13/5/1999 regarding Vth Pay Commission applies to unaided recognized schools?
Whether the petitioner is entitled to retrenchment compensation under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977?
Submissions/Arguments
Petitioner argued that the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 applies to both aided and unaided schools, and thus the Vth Pay Commission resolution should apply to him.
Respondents argued that the Government Resolution dated 13/5/1999 expressly applies only to Government aided schools, not unaided schools.
Ratio Decidendi
The Government Resolution dated 13/5/1999 making the Vth Pay Commission applicable to employees in Government aided schools does not apply to unaided recognized schools. The petitioner, being an employee of an unaided school, is not entitled to the benefits of that resolution. Further, since the petitioner is still in service and has not been retrenched, no question of retrenchment compensation arises.
Judgment Excerpts
By this writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for a writ of mandamus for directing the respondents to implement the Government Circular dated 13/5/1999 annexed at Exhibit A to the petition in respect of payment of salary and to implement the Vth Pay Commission and seeks further directions to the management to pay the retrenchment amount due to the present petitioner.
On 13/5/1999, the Government of Maharashtra issued a Resolution, thereby making applicable the Vth Pay Commission to the employees working in the Government aided schools.
The Government Resolution dated 13/5/1999 is applicable only to the employees working in the Government aided schools. The petitioner is working in an unaided recognized school. The said Government Resolution would not apply to the petitioner.
The petitioner has not been retrenched and is still in service. The question of retrenchment compensation does not arise.
Procedural History
The petitioner filed Writ Petition No.6118 of 2004 before the High Court of Judicature at Bombay, Bench at Aurangabad, under Article 226 of the Constitution of India. The petition was heard and disposed of by oral judgment on 16th August, 2017.
Acts & Sections
- Constitution of India: Article 226
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977: Section 5
