-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.8596 OF 2004 NO.8596 OF 2004 NO.8596 OF 2004 Mrs Swamini Dilip Hajare ...Petitioner v/s The Principal, Smt Sushiladevi Deshmukh Vidyalaya, Airoli, Navi Mumbai and ors. ...Respondents Mr K.K. Malpathak for Petitioner. Mr S.K. Chincholikar, AGP for Respondent Nos.3 and 4. CORAM : D.K. DESHMUKH AND N.D. DESHPANDE JJ. DATE : 23RD APRIL 2008. -2- P.C. :- 1. By this petition, the only prayer made by the petitioner who is working as Assistant Teacher in a recognised primary school is that the petitioner should be paid salary in accordance with the provisions of Maharashtra Employees of Private Schools Act 1977, Rules framed thereunder and the Government Resolutions issued from time to time in relation to the salary of employees working in private schools. We have heard learned counsel appearing for the petitioner. None appears for the management, they have filed their affidavit. Perusal of affidavit shows that the respondents are not disputing that the petitioner is working as Assistant Teacher in a recognised primary school. Their case appears to be that the petitioner’s appointment is not approved by the Education Officer and she was appointed on consolidated salary. If the petitioner is appointed in a recognised primary school, then her conditions of service are governed by the M.E.P.S. Act and the Rules and therefore, appointment of the petitioner cannot be on consolidated salary. She would be entitled to pay in the scale prescribed by the Rules and the Government Resolutions. So far as non-approval of the appointment is concerned, because of non-approval of the -3- appointment, the management may not be entitled to get grant from the Government but the management would be obliged to pay as per the provisions of the M.E.P.S. act and the Rules. It appears to be an admitted position that the petitioner is not being paid salary to which she is entitled under the said Act and the Rules but she is paid consolidated salary. In these circumstances therefore, in our opinion, following order would meet the ends of justice. 2. It is declared that the petitioner who is working as Assistant Teacher in a recognised private school, is entitled to receive salary right from the date of appointment in accordance with the provisions of the M.E.P.S. Act, Rules and Government Resolutions issued by the State Government from time to time in relation to the salary to which Teachers working in recognised private schools are entitled. 3. Within a period of four weeks from today, the petitioner will file, with copy to the respondent Nos.1 and 2, before the respondent No.3, a detailed statement showing salary to which the petitioner is entitled each month from the date of her appointment, the salary received by the petitioner and the balance. The respondent No.3 thereafter shall grant an opportunity of being heard to respondent Nos.1 and 2 and determine the -4- amount to which the petitioner is entitled from the respondent Nos.1 and 2. The respondent Nos.1 and 2 shall make payment of the amount found due by the respondent No.3 from them to the petitioner within a period of four weeks from the date of determination made by the respondent No.3. The respondent Nos.1 and 2 are also directed to make payment of salary to the petitioner in accordance with the provisions of the said Act, Rules framed thereunder and the Government Resolutions issued by the State Government from time to time in that regard in future, starting with the month of May 2008. Rule is made absolute with no order as to costs. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( N.D. DESHPANDE J.)