URMILA PRAVINCHANDRA MALAVIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this Petition under Article 226 of the Constitution of India, the Petitioner prays for issuance of appropriate writ or order requiring the Respondents to produce the record and after examining the propriety and legalities of the letter dated 1st July 2006 as well as the Resolution of the Management dated 16th October 2006 and the letter dated 19th July 2008, the said letters and the resolution be quashed and set aside and further the Respondents be restrained from recovering the sum of Rs.1,26,226/- or any other amount from the Petitioner. The Petitioner also prays for some other incidental directions.

(2.) The necessary facts as they emerge from the record are that the Petitioner is a trained Graduate Teacher who joined the Anandilal Podar High School, Santacruz (W), Mumbai as Assistant Teacher on 26th July 1983. On 10th September 1991, she was rendered surplus and she joined Sheth Chimanlal Nathuram School, Respondent No.5 herein, and according to her, pay scale was fixed taking her appointment as 2nd July 1984 instead of 26th July 1983. Since the Petitioner completed twelve years of service, she was granted senior grade taking the first date of her appointment as 2nd July 1984 and she started drawing the salary in the said pay scale. Certain objections were raised by the Auditor regarding grant of senior grade from 1st July 1996. It was directed to recover the dues from the Petitioner and entries in the service book were also directed to be corrected by re-stamping the pay scale of the Petitioner cancelling old stampings. Against this action, the Petitioner filed an Appeal. She relied upon a Circular of the Government dated 29th October 1980 which stated that break in service can be counted for fixation of pay scale and even a substitute teacher can get benefit of service rendered by him/her. On 16th October 2006, the School Committee, as directed by the Deputy Director of Education, ordered re-stamping in the service book with regard to the pay fixation and the sum of Rs.1,26,226/- was ordered to be recovered from the Petitioner in 26 equal installments. This order was challenged by the Petitioner by filing Writ Petition No.2175 of 2007 which was finally disposed of by the Division Bench by passing the following order :-

(3.) Thereafter the Petitioner was heard and again a resolution was passed by the Management relying upon the letter of Director of Education on 19th July 2008 directing recovery of Rs.1,25,718/- to be made from the Petitioner, the operative part of the said order reads as under :-