Nagpur Bench rules in favor of teachers, mandates restoration of salaries and Shalarth IDs, citing violation of Article 14 of the Constitution.
In a significant judgment, the Nagpur Bench of the Bombay High Court has ruled in favor of numerous school employees, ordering the restoration of their salaries and Shalarth IDs which had been arbitrarily withheld by the authorities. The decision, delivered by Justices Smt. M. S. Jawalkar and Nandesh S. Deshpande, addresses multiple writ petitions filed by teachers and other school staff from various institutions in Maharashtra, whose salaries had been stopped since March 2025 without any show cause notice or inquiry.
The court emphasized that withholding salaries without following due process is arbitrary, illegal, and violative of Article 14 of the Constitution, which guarantees the right to equality. The bench highlighted that employees possessing valid appointment orders and Shalarth IDs should not be penalized for administrative lapses on part of the authorities.
The case revolved around the arbitrary actions of the Education Officer (Primary), Zilla Parishad, Nagpur, and the Superintendent of Pay and Provident Fund Unit (Primary), who had issued communications canceling the approvals and Shalarth IDs of the petitioners without specific allegations of fraud or misrepresentation. The court found the actions to be a violation of the principles of natural justice, as the employees were not given proper opportunity to defend themselves.
Citing a previous judgment in a similar case, the court reiterated that salary is considered property under Article 300-A of the Constitution and cannot be withheld without proper justification and due process. The judgment also criticized the process by which the authorities handled the situation, noting the lack of specific charges or proper inquiry.
In its ruling, the court quashed the impugned notices and communications, restoring the employees' Shalarth IDs and approvals. It mandated the payment of salary arrears from the date of stoppage, affirming that employees should not suffer due to the administrative shortcomings of the authorities.
The court allowed for the possibility of a proper hearing if the authorities wish to pursue any specific allegations of fraud or misrepresentation in the future. However, it asserted that unless such allegations are proven, the employees' rights to their salaries and positions must remain unchallenged.
This decision underscores the judiciary's role in upholding the rights of employees against arbitrary administrative actions and reinforces the necessity of adhering to due process in employment matters.
Bottom line:-
Service Law - Withholding of salary without notice or inquiry is arbitrary, illegal, and violative of Article 14 of the Constitution of India. Teachers/employees with valid approvals and Shalarth IDs cannot be punished for administrative lapses without due process.
Statutory provision(s): Article 14, Article 300-A of the Constitution of India, Principles of Natural Justice
