Digi - Legal Insights

Refusal to approve appointment from its inception cannot be sustained and Education Officers order should be modified.

Charges, particularly for violation of Rule 146.4, stemmed from registered crime against Petitioner and none of his actions related directly to his official duties or obligations, with sufficient explanations for any non-disclosure of personal matters hence, impugned order set-aside and Respondents shall reinstate Petitioner on his original post.

Shalarth System was implemented by Government of Maharashtra to manage salary disbursement for private school employees hence, those employees, with appointments approved by Education Officer are eligible for Shalarth Identity.

Petitioner, moving from Laboratory Assistant to Shikshan Sevak, is entitled to regular pay scale for teaching position and prior approval for an honorarium must be corrected to reflect this entitlement.

Respondent authorities have not claimed any wrongdoing by Petitioners regarding conferral of these pay benefits hence, recovery made by Respondents from Petitioners is to be returned within 45 days of receiving order.

Authorities are criticized for hyper-technical approach that violates Article 14 of Constitution by failing to acknowledge contributions of deceased in Covid-19 care hence, Respondent no. 4 is required to process Petitioners proposal for benefits under ‘Pradhan Mantri Garib Kalyan Package’ for deceased and grant compensation accordingly.

Need for correction is justified due to Petitioners service in C.R.P.F., where accurate records are necessary for pension benefits.

Refusal to approve Petitioners appointment based on Education Officers order from August 9, 2021, was found unsustainable, necessitating a modification of that approval order.

Bond is irrelevant to Petitioners entitlement to salary from appointment date until approval and there is no record of Petitioner executing such a bond thus, any restriction on salary payments based on this bond is unfounded.

Education Officers inaction cannot invalidate appointment without demonstrating any fraudulent activity hence, Petitioners case was upheld, leading to quashing of impugned order.

Impugned order passed by Respondent No.4 quashed and Education Officer shall grant approval to Petitioner No.1 on posts of Junior Clerk in regular pay scale with effect from date of their appointments and shall release salary grants accordingly.

Petitioner, initially appointed to an unaided post in 2008 and transferred to a fully aided post in 2017 after nine years of service, is entitled to full salary grants since transfer is classified under Rule 41 of Rules and is not a fresh appointment.

Respondent 3 is required to grant approval for Petitioners appointment as Shikshan Sevak starting from 19-01-2012 and later as Assistant Teacher from 19-01-2015.

Petitioners have made a compelling case for issuing directives to Deputy Director of Education, directing to include name of Petitioner No.1 in Shalarth System and grant Shalarth Identity to him.

Denial of benefit of maternity leave to Petitioner only on ground that Petitioner was granted a technical break of 1 or 2 days in service is unjustifiable and untenable.

Administration has failed to respond to requests for Petitioners appointment based on compassionate grounds, effectively undermining intended purpose of appointment scheme hence, school Management directed to comply with Education Officers directives.

Petitioners did not provide sufficient grounds for intervention and transfers within district did not warrant extraordinary scrutiny under Article 226 of Constitution.

Voluntary retirement, while considered premature, does not deprive an employee of their pension benefits.

Respondent Nos. 5 and 6 directed to propose pension calculations that incorporate 50% of Petitioners Part-Time service, under old pension scheme.

Impugned order rejecting application under Section 28-A of Act for want of certified copy and also holding barred by limitation set aside and matter remitted back to Respondent No.2 to decide application under Section 28A of Act.