Case Note & Summary
The petitioner, Sanjay s/o Umaji Kamble, an assistant teacher at Panchsheel Primary School, Nanded, filed a writ petition under Article 226 of the Constitution of India seeking direction to the respondents to pay him salary as per the Government Resolution dated 30.04.1998. The petitioner was appointed as an assistant teacher on 01.07.2013 and was being paid salary less than the minimum of the pay scale prescribed under the Government Resolution. The respondents, including the State of Maharashtra, Education Officer, and the school management, opposed the petition. The court, after hearing the parties, held that the school management, being an aided school, is bound to follow the Government Resolution and pay salary accordingly. The court directed the respondents to pay the petitioner salary as per the Government Resolution from the date of his appointment and also to pay arrears with interest at 6% per annum within three months. The writ petition was allowed with costs.
Headnote
A) Service Law - Salary of Teachers in Aided Schools - Government Resolution dated 30.04.1998 - The petitioner, an assistant teacher in a private aided school, claimed salary as per the Government Resolution. The court held that the school management is bound to pay salary as per the Government Resolution and cannot pay less than the minimum of the pay scale. The court directed the respondents to pay salary accordingly and also to pay arrears with interest at 6% per annum. (Paras 1-6)
Issue of Consideration
Whether the petitioner, an assistant teacher in a private aided school, is entitled to salary as per the Government Resolution dated 30.04.1998 and not less than the minimum of the pay scale.
Final Decision
The writ petition is allowed. The respondents are directed to pay the petitioner salary as per the Government Resolution dated 30.04.1998 from the date of his appointment and also to pay arrears with interest at 6% per annum within three months. Rule made absolute with costs.
Law Points
- Government Resolution dated 30.04.1998
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- Article 226 of the Constitution of India
- Right to equal pay for equal work
- Payment of salary as per government resolution to teachers in aided schools.
Case Details
2018 LawText (BOM) (12) 20
Writ Petition No.12201 of 2018
S.S. Shinde, Sunil K. Kotwal
Mr.P.G. Rodge for Petitioner, Mr.A.R. Kale, A.G.P. for Respondent No.1, Mr.V.G. Kodale for Respondent Nos.3 & 4
State of Maharashtra, Education Officer (Primary), Zilla Parishad, Nanded, Mahatma Phule Shikshan Prasarak Mandal, Nanded, Panchsheel Primary School, Labour Colony, Nanded
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking direction to pay salary as per Government Resolution.
Remedy Sought
Petitioner sought direction to respondents to pay salary as per Government Resolution dated 30.04.1998 and arrears with interest.
Filing Reason
Petitioner was appointed as assistant teacher but was paid salary less than the minimum of the pay scale prescribed under the Government Resolution.
Issues
Whether the petitioner is entitled to salary as per the Government Resolution dated 30.04.1998?
Whether the school management can pay salary less than the minimum of the pay scale?
Submissions/Arguments
Petitioner argued that he is entitled to salary as per Government Resolution and the school being aided must follow it.
Respondents opposed the petition, but the court found no merit in their opposition.
Ratio Decidendi
A private aided school is bound to pay salary to its teachers as per the Government Resolution and cannot pay less than the minimum of the pay scale. The right to equal pay for equal work is applicable.
Judgment Excerpts
This Petition under Article 226 of the Constitution of India, has been filed with following prayers...
The petitioner was appointed as an Assistant Teacher on 01.07.2013...
The school management is bound to pay salary as per the Government Resolution...
We direct the respondents to pay the petitioner salary as per the Government Resolution dated 30.04.1998...
Procedural History
The petitioner filed Writ Petition No.12201 of 2018 before the High Court of Judicature at Bombay Bench at Aurangabad. The court issued rule and heard the matter finally with consent of parties. Judgment was delivered on 13.12.2018.
Acts & Sections
- Constitution of India: Article 226
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977:
