Madras HC Gives School 2 Weeks To Submit Proposal For Teacher’s 2011–14 Salary Claim; Officials Then Get 8 Weeks To Decide

The petitioner sought approval of her appointment as a B.T. Assistant (Social Science) and salary for the period from 20 April 2011 to 2 September 2014, during which she served at the third respondent school

The State respondents stated that the school had not submitted a proposal concerning her salary claim and that payment was to be made by the school

The petitioner relied on an interim order dated 26 August 2013 in M.P. Nos. 1 to 1/2013 in W.P. Nos. 23465 to 23467 of 2013, which had directed temporary approval of her appointment and payment of salary, subject to her qualifying in the TET.

1. Whether the school should be directed to submit a proposal for the petitioner’s salary claim for the period from 20 April 2011 to 2 September 2014

2. Whether the official respondents should consider that proposal in light of the interim order dated 26 August 2013

The Court exercised its jurisdiction under Article 226 of the Constitution of India, under which it may issue appropriate directions to public authorities.

It also took account of the interim order dated 26 August 2013 in W.P. Nos. 23465 to 23467 of 2013, which directed temporary approval of the petitioner’s appointment and salary, subject to the TET condition.

The Court did not decide the petitioner’s ultimate entitlement to salary; it directed submission and consideration of the relevant proposal.

Because the official respondents had received no proposal from the school, the Court considered that the salary claim could not yet be determined by them.

It therefore required the school to submit a proposal and directed the official respondents, once it was received, to decide the matter on its merits and in accordance with law, taking the 2013 interim order into account.

The Court did not itself order payment of salary or finally determine entitlement.

No costs were awarded.