‘Services of 328 special teachers can’t be stopped’

THE BENCH GRANTED THE GOVERNMENT TWO MONTHS TO DISBURSE THE TEACHERS’ SALARY AFTER FINDING THAT MOST OF THEM CONTINUED TO WORK, BUT HAD NOT BEEN RECEIVING THEIR SALARIES

MUMBAI: The Bombay high court on Thursday struck down an order issued by the Directorate of Education (DE), Maharashtra withdrawing approval granted to the appointment of 328 teachers appointed for children with special needs in regular schools under the Inclusive Education for Disabled at Secondary Stage scheme.

A division bench of Justice SS Shinde and Justice PR Bora — while hearing a batch of petitions filed by aggrieved special teachers — termed the action an arbitrary exercise of power after noticing that the services of the special teachers had been terminated, although the scheme was in effect and their services were required for its implementation.

The judges noted that no legal provisions had been employed to do so.

The judges said they found it difficult to understand why the DE had taken the extreme step of withdrawing approvals granted to their services without a detailed justification of their action.

The judges said that as an officer of a welfare state, it was not right for the DE to issue showcause notices to the petitioners casually, without properly thinking about it first, especially as the scheme was still in effect and had not been discon tinued by the central govern ment.

The court held that the spe cial teachers are entitled to a salary for the period during which they rendered their ser vices.

It added that the teachers would continue to draw a salary if they are still rendering servi ces to their respective institu tions.

The bench granted the gov ernment two months to dis burse the teachers’ salary after finding that most of them con tinued to work, but had not been receiving their salaries.

The bench also made it clear that the DE, deputy director of education and education offi cers concerned will be responsi ble for implementing these directions issued.