Case Note & Summary
The Petitioner, a school management running an aided school, challenged an order of the Education Officer (Secondary), Pune, dated 31 January 2018, which refused to release salary grant towards back wages payable to Respondent No.1, a teacher. The teacher was suspended after his arrest in December 2013, with prior approval of the Education Department. A departmental enquiry found him guilty, and he was terminated on 30 April 2014. The school tribunal, in Appeal No.14 of 2014, set aside the termination and directed reinstatement with full back wages by order dated 5 March 2016. The management's writ petition against that order was dismissed by the High Court on 11 July 2016. The teacher was reinstated on 1 December 2016 and later promoted. The management sought salary grant for the back wages for the period 16 December 2013 to 30 November 2016, but the Education Officer refused, stating that the management must bear the liability. The management contended that since the suspension had the Education Department's approval and the post remained vacant, the State was liable under the principle in Education Society, Tumsar. The State argued that the termination was illegal and the management failed to prove misconduct, so it should not be burdened. The Court held that because the suspension had the express imprimatur of the State, the State was liable for back wages. It noted that the original tribunal order did not exclude the State from liability, and for the period in question, no other teacher occupied the sanctioned post. Accordingly, the petition was allowed, the impugned order quashed, and the State directed to pay the differential wages as part of salary grant.
Headnote
A) Education Law - Back Wages on Reinstatement in Aided School - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Section 9 - Where a teacher's suspension had the express approval of the Education Officer, the State is liable to bear the back wages for the suspension period as part of the salary grant, even if the termination was subsequently set aside on merits; the principle in Education Society, Tumsar (2016) 3 SCC 512 applied (Paras 6-7).
Issue of Consideration
Whether the State is liable to pay the salary grant towards back wages for the period of suspension of a teacher in an aided school when the suspension had the express approval of the Education Department, even though the termination was later set aside on appeal.
Final Decision
Rule made absolute; petition allowed. Impugned order dated 31 January 2018 quashed. Respondent No.2 (Education Officer) directed to pay difference in wages for period 16 December 2013 to 30 November 2016 as part of salary grant.
Law Points
- Where a teacher of an aided school is suspended with the express approval of the Education Department
- and the sanctioned post remains vacant during suspension period
- the State is liable to pay back wages as part of salary grant upon reinstatement
- applying the principle in Education Society
- Tumsar v. State of Maharashtra.
Case Details
2018 LawText (BOM) (08) 130
Writ Petition No.2736 of 2018
Mr. D.C. Mhaispurkar for the Petitioner; Mr. V.K. Bodhare i/b Mr. A.M. Joshi for Respondent No.1; Ms. Vaishali Nimbalkar, AGP for Respondent Nos.2 and 3
The President, Donde Shikshan Prasarak Mandal
Nandkumar Patilbhuwa Gargote (Respondent No.1); Education Officer (Secondary), Pune (Respondent No.2); State of Maharashtra (Respondent No.3)
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Nature of Litigation
Challenge to order of Education Officer refusing to grant salary grant for back wages payable to reinstated teacher.
Remedy Sought
Petitioner school management sought quashing of order dated 31 January 2018 and direction to State to pay back wages as part of salary grant.
Filing Reason
Education Officer refused to release salary grant for back wages, contending that management must pay.
Previous Decisions
School tribunal in Appeal No.14/2014 ordered reinstatement with back wages on 5 March 2016; management's writ petition against it dismissed on 11 July 2016; review petition pending; Education Officer's order dated 31 January 2018 refused salary grant.
Issues
Whether the State is liable to pay salary grant for back wages when suspension had Education Department's approval, the post was vacant, and termination order was set aside on appeal.
Submissions/Arguments
Petitioner (school management) argued that suspension was with approval of Education Officer, and per Education Society Tumsar, State should pay back wages; post was vacant, no double salary.
State argued that original termination was illegal and management failed to prove misconduct, so management should bear back wages; GR 1978 no longer applicable; tribunal did not direct State to pay.
Ratio Decidendi
Where a teacher's suspension had the express approval of the Education Department and the post remained vacant during the suspension period, the State is liable to pay the back wages as part of the salary grant upon reinstatement, applying the principle in Education Society, Tumsar that the State's imprimatur on the suspension makes it responsible for back wages.
Judgment Excerpts
What is important to note is that, at the same time, the Supreme Court noted that had the provisions of the Rules been followed, ... the Government ... could have been held responsible for payment of back wages ...
In the present case, however, it is not in dispute that the action of the management, particularly in suspending the teacher, was with the express approval of the eduction department.
It is not in dispute that for this relevant period, there was no other occupant in the concerned post; the post was vacant; and the State had not paid any salary grant to the school towards salary payable to anyone for the post.
Procedural History
Teacher suspended with Education Officer approval; terminated after departmental enquiry. Teacher filed Appeal No.14/2014 before school tribunal; tribunal allowed appeal and ordered reinstatement with full back wages on 5 March 2016. Management filed Writ Petition (St.) No.10335/2016 challenging tribunal order; dismissed by High Court on 11 July 2016. Review petition pending. Teacher reinstated on 1 December 2016, later promoted to Head Master. Management sought salary grant for back wages; Education Officer refused by order dated 31 January 2018. Present writ petition filed against that refusal.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977: Section 9
