Navnath Namdeo Patil had filed a petition claiming salary in the prescribed scale for the period he worked as an assistant teacher.
"In our view, it will be appropriate and proper to direct Deputy Director of Education, Pune region, to pass orders on the claim made by the teacher in accordance with law after furnishing to the petitioner and the management an opportunity of being heard," Justices D Y Chandrachud and R D Dhanuka observed in their order.
The judges further directed that this exercise may be completed within eight weeks from the date on which a certified copy of this order is placed on the record of the Deputy Director of Education.
Disposing of the petition, the judges said, "we clarify that the arrears, if any, that are payable to the petitioner in accordance with law, shall be determined by the Deputy Director of Education and appropriate orders shall be passed on his (petitioner's) claim in accordance with law."
The petitioner was issued an order of appointment by which he was appointed as an Assistant Teacher in Sant Sai High School at Bhosari in the scale of Rs 5,500-9,000 from June 6, 2005. A resolution to this effect was passed by the Trust on May 10, 2005.
In the court, the petitioner filed a copy of a joining report dated June 6, 2005. His services were approved by the Education Officer (Secondary), Zilla Parishad, Pune, on August 29, 2009.
Patil made a grievance as regards the non-payment of his salary in accordance with the prescribed scale on June 13, 2011. In the meantime, the petitioner tendered his resignation on March 1, 2011. (More)