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MANGESH S. PATIL, SHAILESH P. BRAHME
Shishuvihar Shaishanik Sanstha Chalisgaon, Taluka Chalisgaon – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
[Shailesh P. Brahme, J.]:
1. Rule. Rule is made returnable forthwith. Heard finally with the consent of both sides.
2. The petitioner is challenging letter/order dated 04.08.2022 passed by respondent no. 3 – Education Officer, holding the respondent no. 4 entitled to receive salary from the date of appointment on unaided post and the direction issued to disburse the salary to him by adjusting the amount already paid.
3. The respondent no. 4 was appointed as ‘Assistant Teacher’ on unaided post by the petitioners on 21.06.2013. His services were approved by the respondent no. 3 – Education Officer, vide order dated 31.12.2013. As the Management failed to pay salary, the respondent no. 4 approached this Court in Writ Petition No. 1398/2021. It was disposed of by order dated 01.04.2022 by directing the Education Officer to consider the grievance of the petitioner. The respondent no. 4 approached the Education Officer with a claim of unpaid salary and the hearing was conducted in that regard. By impugned communication, the claim of respondent no. 4 was allowed which is a cause for the petitioners to file this petition.
4. Learned counsel Mr. S.R. Barlinge for the petitioners submi
Claims for salary arrears must be timely; however, recurring claims may be exempt from strict limitation rules.
Claims for salary arrears are subject to delay and laches, while continuing wrongs may allow for relief despite delay, provided they do not unsettle settled rights.
Approval of appointment and timely payment of salary are essential rights of approved teachers under education statutes.
Entitlement to salary arrears and pension benefits reinforced by judicial orders under Assam Services Pension Rules in cases of continued administrative failure to comply with court directives.
Court ruled that the petitioner is entitled to salary arrears from the date of joining, recognizing a continuing wrong due to administrative delays in compliance with prior judicial orders.
Process of judicial interpretation lies in extending or applying by analogy ratio decidendi of an earlier case to a subsequent case which differs from it in certain essentials.
The doctrine of limitation applies to service-related claims, restricting recovery to three years prior to the claim.
Point of Law : Competent Civil Court cannot say that it has got no jurisdiction under section 96(5) of the Education Act.
The court established that once government approval for employment is granted, salary payments cannot be unjustly withheld due to management disputes.
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