Case Note & Summary
The petitioners, four teachers employed by Trimurti Magaswargiya Shikshan Prasarak Mandal (Respondent No.5), a non-grant school, filed a writ petition under Article 226 of the Constitution of India seeking directions to the State authorities (Respondents 1-4) to absorb them in other recognized grant-in-aid schools and to release their salary from September 2019 until such absorption. During the pendency of the petition, the petitioners were absorbed in other schools and were being paid salary from the date of absorption. The court, after hearing the parties, held that the petitioners are not entitled to salary for the period prior to their absorption as they were not working during that time. The petition was disposed of with a direction that the petitioners' salary be paid from the date of their absorption in the new schools.
Headnote
A) Service Law - Absorption of Teachers - Salary from Date of Absorption - The petitioners, teachers of a non-grant school, sought absorption in other schools and salary from September 2019. The court held that they are entitled to salary only from the date of their actual absorption, not from an earlier date, as they were not working during the intervening period. (Paras 1-4)
Issue of Consideration
Whether the petitioners are entitled to salary from September 2019 till their absorption in other recognized schools?
Final Decision
The petition is disposed of. The petitioners are not entitled to salary from September 2019. They are entitled to salary from the date of their absorption in the new schools.
Law Points
- Absorption of surplus teachers
- Salary from date of absorption
- No right to salary for period prior to absorption
- Article 226 of Constitution of India
