Appointments under 2005 staffing pattern entitle salary grant from appointment date; 2013 pattern abeyed ab initio by 2015 GR, 2019/2020 patterns prospective, do not affect prior valid appointments.

Judgment :

Ajit B. Kadethankar, J.

1. Considering the nature of prayers in the petitions, we deem it appropriate to dispose of the petitions finally.

2. Consequent to superannuation of one Mr. Rajnaal and one Mr. Lalkot, an application was filed by the petitioner School Management on 5^th October 2012 to the Education Officer, (Secondary), Zilla Parishad, Solapur seeking permission to fill up two posts of Junior Clerk. On 8^th October 2012, the Education Officer was pleased to grant permission to the School Management to fill up both the vacancies pertinently mentioning that it would be filled up in the light of the Policy dated 25^th November 2005. For the sake of convenience, we reproduce the contents of the permission dated 8^th October 2012 as follows :-

3. It is not disputed that by due process of law, the petitioners were appointed on the posts of Junior Clerk vide order dated 23^rd November 2012. On 19^th January 2022, the Education Officer issued approval order to the petitioners’ services, however observing that the approval of salary grant shall be payable w.e.f. 8^th September 2019. The gist of the order is that since the modified staffing pattern was framed by the State Government on 28^th January 2019, the period in between 23^rd November 2012 to 8^th September 2019 shall be excluded from the salary grant, to be payable by the Zilla Parishad.

4. As such, the petitioners are aggrieved by this direction and exclusion of this period for salary grant to the petitioners.

5. Learned counsel for the petitioners would submit that the petitioners were appointed way back in 2012 and it was specifically as per the permission, the appointments were in consonance with the staffing pattern of 2005. He would further submit that since the appointments were made as per the prevailing staffing pattern, the exclusion of period for grant in aid impugned in the present petition needs to be quashed and set aside; and directions needs to be given to the Education Officer to issue the salary grant w.e.f. the date of appointment of the petitioners.

6. Learned AGP would submit that in 2013 a new staffing policy was introduced by the Government of Maharashtra and in 2015 ban was imposed by the Government on further appointments in the private school. Learned AGP would further submit that since new staffing pattern was introduced in 2019 itself, the salary grant shall be applicable only from the date of new staffing pattern.

7. We have heard both the learned Counsel at length. We have perused the record. It is not disputed that the Education Officer has granted permission to fill up the subject matter posts pertinently in light of the staffing pattern of 2005. It is also not in dispute that the petitioners’ posts are approved as per the staffing pattern of 2005. The petitioners are appointed in 2012. The staffing pattern of 2005 was in existence and the subject matter post was accordingly approved. G.R. of 2013 sought to introduce a new staffing pattern. However, the staffing pattern of 2013 was never implemented. The G.R. of 2015 kept the effect and operation of 2013 G.R. in abeyance ab initio. In 2019, new staffing patter was introduced, which obviously has prospective effect, and has under staffing pattern of 2005 nothing to do with appointments made under staffing pattern of 2005. If this is so, then in our considered opinion, the subsequent developments in the Government Resolutions of 2013, 2015 as also or 2019 shall have no effect on the appointments of the petitioners.

8. While deciding the scope of the Government Resolutions of 2013, 2015, 2019 and 2020 particularly about staffing pattern, this court is exhaustiv