Bombay High Court
SAYALI VISHWANATH MERUversusSTATE OF MAHARASHTRA THRU PRIN. SECRETARY, DEPT. OF SCHOOL EDU. AND ORS
- Disposal
- Disposed Off
Holding
The Education Officer was required to approve the appointment because the 2012 and 2020 Government Resolutions could not be applied retroactively, and the salary grant is payable only from the year the post was sanctioned (2018).
Summary
The petitioner, appointed as Junior Clerk in 2007, sought approval of her appointment after the post was formally sanctioned in 2018. The Education Officer rejected the approval on the grounds that the recruitment advertisement did not follow a 2012 Government Resolution and that a 2020 Finance Department resolution banned recruitment in private schools. The court held that these resolutions could not apply to an appointment made before their issuance, and therefore the Education Officer should have approved the appointment. It further ruled that the salary grant could only be payable from the academic year 2018-2019, when the post was officially sanctioned. Consequently, the writ petition was allowed, directing the Education Officer to approve the appointment effective from 1 August 2007, with salary payable only from 2018 onward.
Issues considered
- Whether the Education Officer's rejection of approval for the petitioner's 2007 appointment was valid in view of the 2012 and 2020 Government Resolutions.
- Whether the salary grant for the post should be payable retroactively to 2007 or only from the year the post was formally sanctioned (2018).
Subjects
- appointment
- grant-in-aid
- government resolution
- retroactive application
- salary grant
- education department
- writ petition
Judgment
62-Wp-4458-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4458 OF 2022
Sayali Vishwanath Meru … Petitioner
Versus
The State of Maharashtra & Ors. … Respondents
——————
Mr. Chetan G. Patil a/w. Ms. Siddheshwari Chavan & Mr. Prathamesh
Magdum for the Petitioner.
Mr. V. M. Mali, A.G.P. for the Respondent-State.
——————
Coram : R.G. AVACHAT &
AJIT B. KADETHANKAR, JJ.
Date : 28th January 2026.
PER COURT :
1. Heard Mr. Patil, learned counsel for the Petitioner, and Mr. Mali,
learned A.G.P. for the Respondents–Authorities. It is an undisputed fact that
the Petitioner was appointed to the post of Junior Clerk way back in the year
2007.
2. Mr. Patil, learned counsel for the Petitioner, submits that at the relevant
time the said post was not formally sanctioned; however, the same came to
be sanctioned in the year 2018. When the proposal was submitted by the
osk 1 of 3
62-Wp-4458-2022.doc
Management to the Education Officer for grant of approval to the services of
the Petitioner, the Education Officer, vide Order dated 3 rd February 2022
(Exh. ‘H’), rejected the proposal mainly on two grounds:
(i) That, the advertisement was not issued by the School Management in
pursuance of the G.R. dated 6th February 2012; and
(ii) That, pursuant to the G.R. dated 4 th May 2020 issued by the Finance
Department, there was a ban on recruitment of employees in private schools.
3. It is a matter of record, and as fairly stated by the learned A.G.P., that
the Petitioner was appointed in the year 2007. There is no dispute raised by
the Education Officer or any other Authority that due process was not
followed by the School Management at the time of appointment. In these
circumstances, the G.Rs. dated 6th February 2012 and 4th May 2020 would not
be applicable to the appointment of the Petitioner, which had taken place
much prior thereto. Therefore, we find that the Education Officer ought to
have granted approval to the Petitioner’s appointment.
4. As far as grant-in-aid is concerned, it is also a matter of fact that the
post on which the Petitioner was appointed, and which is the subject matter
of the present Petition, came to be formally sanctioned in the year 2018.
Consequently, the salary grant shall be payable only from the year 2018
onwards. In view of the above, we deem it appropriate to allow the Writ
Petition with a direction to the Education Officer (Secondary), Zilla Parishad,
osk 2 of 3
62-Wp-4458-2022.doc
Sangli, to grant approval to the Petitioner’s appointment to the post of Junior
Clerk with effect from 1st August 2007. However, the salary grant in respect
of the said post shall be payable only from the academic year 2018-2019
onwards. The Education Officer (Secondary), Zilla Parishad, Sangli, shall
complete the aforesaid exercise within a period of sixteen (16) weeks from
today.
5. The Petition stands allowed in the aforesaid terms.
[ AJIT B. KADETHANKAR, J. ] [ R.G. AVACHAT, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.01.29
11:48:21
+0530
osk 3 of 3
Checking your session…