Oral Judgment:

Ajit B. Kadethankar, J.

1. Subject Matter : By the present Writ Petition, the Petitioner seeks directions to the Education Officer (Secondary), Zilla Parishad, Satara to grant approval to the appointment of Petitioner on the sanctioned and aided full-time post of Assistant Teacher in Respondent No.5–School.

The Petitioner also prays to quash and set aside the order dated 23rd February 2024 passed by the Education Officer whereby proposal for grant of approval to the appointment of Petitioner has been turned down. The Petitioner additionally prays for consequential directions to the Deputy Director of Education to include Petitioner’s name in Shalarth Pranali, to accordingly grant Shalarth ID and release the salary / monetary benefits to the Petitioner.

Although the petitioner prays to issue simple directions to the concerned Education Officer to grant approval to the Petitioner, we find that the objection on which the approval proposal has been turned down requires to be adjudicated by considering the rival and disputed questions of facts in the case.

2. This is a typical litigation amongst the school management, its employee also inevitably concerning the authorities under the Zilla Parishad and/or the State Government. Generally, following are the commonly seen issues arising out of the service terms and school administration :-

                   (i) Seniority,

                   (ii) Declaration as Surplus,

                   (iii) Absorption,

                   (iv) Approval to appointment,

                   (v) Approval to transfer,

                   (vi) Pension related issues,

                   (vii) Salary/Honorarioum related issues,

                   (viii) Conversion from service status,

                   (ix) Application of reservation roaster,

                   (x) Application of Staffing Pattern

                   (xi) Condonation of service gaps,

                   (xii) Shalarth Identity issues

                   (xiii) Workload issues

                   (xiv) Upgradation issues etc.

                   (xv) And all such matters and issues other than mentioned in Section 9 of the Maharashtra Private Schools (Conditions of Services) Regulation Act, 1977.

3. All these issues necessarily involve disputed questions of fact. Most of the issues arise due to change in School Management which either affect or inluence the service conditions of employee. Even when the school management supports claim of its employee, the objections are raised by the State Government / Zilla Parishad Authorities. Inaction on the part of Authorities to process the claims and to keep lingering the claims/proposals also jeopardize the interest of managements as also of the employees.

4. The net result of all this is that parties are constrained to approach this Court under Article 226 of the Constitution of India. This Court on number of occasions has expressed anguish and displeasure over the fact that there is no mechanism to address the disputed questions of fact pertaining to service litigation of employees of private schools as also the controversy of school managements with the Government / Zilla Parishad Authorities. Present case is nothing different wherein the disputed questions of facts are placed before us to solve and answer under Article 226 of the Constitution of India.

5. During the course of hearing, we have been apprised about the Government Resolution dated 27th March 2024 issued by the Government of Maharashtra–School Education and Sports Department. Preface of the said GR dated 27th March 2024 reads thus:

                   

                   

6. As such, while adjudicating Writ Petition No.11613 of 2014 and Writ Petition No. 2527 of 2017, this Court has directed the School Education Department of Government of Maharashtra to formulate a mechanism for redressal of grievances of the employees in private schools. Pursuant to that, the Higher and Technical Education Department issued Government Resolution dated 18th December 2018 for working out grievances raised by the teaching and non-teaching employees and officers falling under the services of Higher and Technical Education Department.

7. Following the Government Resolution dated 18th December 2018 issued by the Higher and Technical Department of the State, the School Education and Sports Department of the State issued Government Resolutions dated 20th July 2019 and 29th August 2019 with corrigendum dated 1st October 2019 constituting the Grievance Redressal Committees.

8. While dealing with Writ Petition No.1182 of 2024, this Court noticed that there needed much improvement in the formation and working method of the Grievance Redressal Committees. Accordingly, directions were issued to the School Education and Sports Department of the State Government to improve the mechanism by forming modified / improved Committees/Appellate Authorities. It appears that the State Government, in accordance with the directions given by this Court issued Government Resolution dated 27th March 2024 which contained comprehensive mechanism for redressal of various grievances of the employees of private schools. This Government Resolution dated 27th March 2024 superseded all earlier directions, guidelines and Government Resolutions issued in this context.

9. Looking to the contents of Government Resolution dated 27th March 2024, it appears that it is an exhaustive and a complete code in itself for the purpose of redressal of grievances not only of the employees of private schools but also of the school managements. For the sake of convenience, contents of the mechanism introduced by the Government Resolution dated 27th March 2024 are reproduced as below:-

                   

                   

                   

                   

                   

                   

10. We are of the considered view that since entire mechanism has been provided by the Government Resolution dated 27th March 2024 which can redress the petitioner’s grievance effectually, it would be appropriate to relegate the Petitioner to the Grievance Redressal Committee as formed under the Government Resolution dated 27th March 2024. We find that entire mechanism for redressing the grievance has been adequately laid down in Clause (4) of the said Government Resolution.

11. We appreciate the action taken by the School Education and Sports Department of the State Government for laying down such mechanism for redressal of grievances of the private schools and employees therein. Indeed, the subject-matter grievances necessarily involve disputed questions of facts and applicability of policy decisions, circulars, modifications etc. introduced by the Department from time to time.

12. It is certainly sagacious that such grievances and the disputed questions of facts as also the factual controversies are dealt with initially by expert authorities which are wholly conversant with the facts, applicability of prevailing provisions/government policies and the terminology used in various provisions concerning the subject-matter of grievances. From the recitals of Government Resolution dated 27th March 2024, it is clear that Committees formed therein comprise of such experts who are officiating positions to prevail over the subject- matter grievances.

13. It is pertinent to note that as per Clause 4(1) of the Government Resolution dated 27th March 2024, although it enables complaints / appeals in respect of the cause of action arisen after 1st January 2024, yet it mandates the “Committees” to adjudicate the issues arisen during the prior period, if directed by this court.

14. As such, we have no manner of doubt in our minds that grievance redressal mechanism contained in the Government Resolution dated 27th March 2024 is an adequate remedy to redress Petitioners’ grievance raised in the present Writ Petition. Petitioner’s grievance recorded by us in the subject-matter column above can be suitably and appropriately adjudicated by the concerned Committee in view of issues/subject-matters enlisted in Clause (2) of the Government Resolution dated 27th March 2024.

15. What we expect and observe is that let such pioneering grievance redressal mechanism framed for the Private School Managements and employees therein, be effectively and scrupulously operated by the Members of respective Committees. Needless to mention, the respective committees shall always take into consideration various judicial pronouncements of the Hon'ble Supreme Court as well as this Court on the issues that may come before those Committees. Failure to follow those judicial pronouncements, not referring to those, shall be taken seriously and would be held as contemptuous. The Committees shall meticulously go through documents tendered by parties, the disputed questions of facts and shall take appropriate decisions in the light of provisions particularly in the light of law laid down by the Hon'ble Supreme Court and this Court.

16. The respective Committees must in their orders refer to the legal positions on the subject-matter issues and pass appropriate order rendering categorical finding as to how the legal position applies / covers the case in hand.

17. The proceedings before the respective committees shall be taken to its logical end meaningfully and not merely remain pending. The time-frame shall be observed scrupulously by the respective Committees. No committee shall refuse to entertain the complaint/ grievance for want of any order under challenge, if the complaint/ grievance is raised due to inaction on the part of any authority to adjudicate proposal/claim of the concerned school management or its employee.

18. As such, an order is not the only cause of action to approach the Grievance Redressal Committee but delay or inaction on the part of any authority to decide a claim/proposal of management or its employee shall also entitle such management or employee, as the case may be, to approach the Grievance Redressal Committee. In such case, the limitation to file grievance/appeal shall start from the last reminder duly served on the concerned authority. In view of this, present writ petition is disposed of with following directions:

                   (a) The Petitioner may approach the appropriate Grievance Redressal Committee formed under the Government Resolution dated 27th March 2024, for redressal of grievance raised in this Writ Petition. The Petitioner shall submit the grievance together with every relevant document, judgment, order, judicial pronouncements in support of the claim/grievance.

                   (b) The Petitioner shall also submit his email address, WhatsApp number and postal address for correspondence, in the Grievance memo itself in the foot note.

                   (c) Upon receipt of such claim/grievance, Chairperson of the Committee shall immediately schedule meeting of the Committee and convey the date of 1st hearing to the Petitioner which shall be within four weeks from the date of filing of grievance.

                   (d) The proceedings shall be concluded strictly as per the Government Resolution dated 27th March 2024.

          (e) Considering the clause laying down limitation to file the grievance and Petitioner’s bona fide prosecution of present writ petition, we hope and trust that the committee shall not discard appeal/representation/complaint on the ground of delay. All points are kept open.

                   (f) The concerned Grievance Redressal Committee formed under the Government Resolution dated 27th March 2024 shall adjudicate Petitioner’s grievance in accordance with law, on its own merit and meticulously adhering to the procedure prescribed therein and the directions issued and observations made herein.

                   (g) Refusal, delay or reluctance to accept the grievance for any reason including non-formation of Committee shall be held contemptuous and would invite serious repercussions firstly on the Chairperson and the Member/Secretary of Committee.

                   (h) The Grievance Redressal Committee shall record clear reasoning thereby referring to the legal position and the reasons to apply or refuse to apply, as the case may be, the judgments and legal pronouncements relied upon by the parties to the hearing.

                   (i) Immediately within 3 days from the passing of decision on the grievance of Petitioner, such decision shall be intimated to the Petitioner by Email, WhatsApp and by registered post AD.

                   (j) All Contentions kept open in case the Petitioner suffers adverse decision of the Committee.