Bombay High Court
RAJVINDER KAUR SAINIversusTHE STATE OF MAHARASHTRA THROUGH CHIEF SECRETARY AND ORS.
- Decided
- Disposal
- Allowed
- Bench
- M S KARNIKS M MODAK
Holding
The Court allowed the interim application, directing the management to pay the petitioner’s pending dues within eight weeks.
Summary
The petitioner, a former primary teacher who retired in July 2022, filed an interim application seeking payment of her suspension allowance and other pending wages after being suspended in February 2015 without a disciplinary inquiry. The High Court had earlier, on 2 August 2016, directed the school management to pay the suspension allowance under the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 and to complete the inquiry within two months, which the management failed to do. The petitioner submitted calculations of her dues and the management requested a year‑wise statement, which she provided in June 2023. The Court observed that the failure to conduct the inquiry rendered it unfair to withhold the retirement dues and therefore allowed the interim application. It ordered the management to pay the pending dues within eight weeks of the order’s communication, and the application was disposed of.
Issues considered
- Whether the school management must pay the petitioner’s suspension allowance and other retirement dues despite the absence of a completed disciplinary inquiry.
- Whether the earlier court direction for a disciplinary inquiry remains enforceable and can be superseded by an order for payment of dues.
Legislation cited
Subjects
- suspension allowance
- disciplinary inquiry
- retirement dues
- private school service rules
- interim relief
Judgment
38-IA-253-2024-IN-WP(ST)-14010-2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.253 OF 2024
Digitally signed
IN
by SATISH
SATISH
RAMCHANDRA
RAMCHANDRA
SANGAR WRIT PETITION (ST) NO.14010 OF 2017
SANGAR Date:
2026.08.06
20:13:07
+0530
Rajvinder Kaur Saini,
Age : 59 Years, Occupation : Service,
Residing at : Flat No.304, Building No.2,
Om Saikrupa Society, Santinagar, Ulhasnagar–3,
District : Thane. ...Applicant
In the matter between:-
Rajvinder Kaur Saini,
Age : 59 Years, Occupation : Service,
Residing at : Flat No.304, Building No.2,
Om Saikrupa Society, Santinagar, Ulhasnagar–3,
District : Thane. ...Petitioner
Versus
The State of Maharashtra,
Through the Chief Secretary,
Education Department, Mantralaya,
Mumbai : 400032 and Others… ...Respondents
===================================================
Ms.Swarna P. Munshi, Advocate for Applicant/Petitioner.
Smt.R.M.Shinde, AGP, for Respondents–State.
===================================================
CORAM : M.S.KARNIK &
S.M.MODAK, JJ.
DATE : 6th AUGUST 2026
P. C. :-
Satish Sangar 1/4
38-IA-253-2024-IN-WP(ST)-14010-2017.doc
1. We have heard learned counsel for the Applicant.
2. This is an Application seeking directions to the Respondent–
Management to pay legal dues and pending wages. There is no
appearance on behalf of the Management though they are duly served.
3. The Applicant was appointed as “Primary Teacher” in the
Respondent–School on 15th June 1988. At the time of retirement, the
Applicant was “Supervisor of Primary Section”. The Applicant was
suspended with effect from 28th February 2015. It is the contention of
the learned counsel for the Applicant that neither any inquiry was
conducted nor the suspension allowance is paid.
4. This Court by an order dated 2 nd August 2016, directed the
Respondent–Management to pay the suspension allowance to the
Applicant as per the Rules including Rule 35(4) of the Maharashtra
Employees of Private Schools (Conditions of Service) Rules,
1981(“MEPS Rules, 1981”) and also directed the Respondent–
Management to conclude the disciplinary inquiry initiated against the
Applicant as expeditiously as possible and preferably within a period of
2 months from 2nd August 2016.
5. It is submitted that the Applicant was paid some amount by way
of suspension allowance. The Management did not conduct any
Satish Sangar 2/4
38-IA-253-2024-IN-WP(ST)-14010-2017.doc
inquiry till the date of retirement of the Applicant. It is submitted that
the Applicant retired on 31st July 2022.
6. It is contended by the Applicant that a meeting was conducted by
the Management on 29th July 2022. The Applicant attended the
meeting. The President of the Institution informed the other members
to clear all the dues and wages of the Applicant. The Applicant
submitted her detailed calculations of the due amount vide the letter
dated 10th October 2022 to the Management. The Management by
communication dated 23rd June 2023 asked the Applicant to give year-
wise statement. The Applicant by letter dated 26 th June 2023 handed
over the statement of year-wise salary, P.F. amount dues calculation and
gratuity calculation. The Management received the said letter dated
26th June 2023.
7. The reason why the Applicant was suspended as far back on 28 th
February 2015 was that the Applicant had appointed a teacher without
consent of the Management. It is the Applicant’s case that the
appointment was in terms of the directions of the Management. We are
not expressing any opinion on the merits of the Petition.
8. In such view of the matter, as the inquiry has not proceeded till
the date of retirement, it would be unfair to deprive the Applicant of
Satish Sangar 3/4
38-IA-253-2024-IN-WP(ST)-14010-2017.doc
her retiral dues. We are inclined to allow this Application in terms of
prayer clauses (a), (b) and (c).
9. Accordingly, the Interim Application is allowed in the aforesaid
terms. The Application stands disposed of.
10. This order be complied within a period of 8 weeks from the date
of its communication.
(S. M. MODAK, J.) (M. S. KARNIK, J.)
Satish Sangar 4/4
Checking your session…