DEEPALI GUNDU SURWASE Vs. KRANTI JUNIOR ADHYAPAK MAHAVIDYALAYA

JUDGEMENT

(1.) Leave granted.

(2.) The question which arises for consideration in this appeal filed against order dated 28.9.2011 passed by the learned Single Judge of the Bombay High Court, Aurangabad Bench is whether the Appellant is entitled to wages for the period during which she was forcibly kept out of service by the management of the school.

(3.) The Appellant was appointed as a teacher in Nandanvan Vidya Mandir (Primary School) run by a trust established and controlled by Bagade family. The grant in aid given by the State Government, which included rent for the building was received by Bagade family because the premises belonged to one of its members, namely, Shri Dulichand. In 2005, the Municipal Corporation of Aurangabad raised a tax bill of Rs. 79,974/- by treating the property as commercial. Thereupon, the Headmistress of the school, who was also President of the Trust, addressed a letter to all the employees including the Appellant requiring them to contribute a sum of Rs. 1500/- per month towards the tax liability. The Appellant refused to comply with the dictate of the Headmistress. Annoyed by this, the management issued as many as 25 memos to the Appellant and then placed her under suspension vide letter dated 14.11.2006. She submitted reply to each and every memorandum and denied the allegations. Education Officer (Primary) Zilla Parishad, Aurangabad did not approve the Appellant's suspension. However, the letter of suspension was not revoked. She was not even paid subsistence allowance in terms of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for short, 'the Rules') framed Under Section 16 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short, 'the Act').