Facts: The petitioner was appointed as Shikshan Sevak in 2012 and later as Assistant Teacher. The Education Officer approved the appointments but stipulated that grant-in-aid would be effective only from the date of approval, not the initial appointment date. This meant the school management was liable for the petitioner's salary for the period between appointment and approval. The petitioner challenged this condition.
Procedural Posture: The petitioner filed a writ petition in the High Court challenging the order of the Education Officer. The High Court heard the petition for final disposal.
Issue: Can the Education Officer, after approving an appointment, restrict grant-in-aid to a period commencing from the date of approval, thereby making the school management liable for the employee's salary for the period between appointment and approval, especially when the appointment was made through due process and the post was a sanctioned one?
Holding: No, the condition imposed by the Education Officer restricting grant-in-aid is legally unsustainable and is quashed. The petitioner is entitled to salary arrears from the date of initial appointment.
Reasoning: The Court found no logic in requiring the school management to execute an indemnity bond or undertaking to pay the employee's salary from the date of appointment until the date of approval, especially when the appointment was valid and the post was sanctioned. The court observed that once the appointment is approved, the responsibility for salary lies with the Education Department from the date of appointment. The court relied on previous decisions, including Santosh Suresh Jadhav and Smt. Varsha Kamlesh Parab, where similar conditions were quashed. The court stated, "Once the approval is granted from the date of appointment, the Education Officer and the Deputy Director of Education are under obligation to pay the honorarium/ salary to the Petitioner No.1 from the grant-in-aid of the Petitioner No.3- School." The court held that the condition lacked legal sanctity and directed the authorities to release all salary arrears from the initial date of appointment.