High Court of Bombay

Manisha Rajendra Kamble Vs. The State of Maharashtra and Ors.

MANU/MH/2840/2023

25.07.2023

Service

Any relief based on a contract of personal service cannot be enforced in exercise of writ jurisdiction

In facts of present case, the Petitioner came to be appointed as an Assistant Teacher at Respondent no.6-Junior College that is being run by Respondent no.5-Management. The services of the Petitioner came to be approved on 18th October, 2013 for a period of two years. By Government Resolution dated 30th June, 2014, the School was held entitled to partial grant-in-aid. The benefit in that regard came to be enhanced as per the policy of the State Government. The services of the Petitioner came to be dispensed with on 27th June, 2017.

The Petitioner made a representation seeking salary for the period from 1st November, 2011 to 28th June, 2017. The representation made by the Petitioner was replied by the Management on 8th July, 2017 stating therein that since the services of the Petitioner were approved on no grant basis, it was the responsibility of the Education Officer (Secondary) to release her salary. On that count, the Management refused to make any payment to her. In this backdrop, the present Writ Petition has been filed praying that the Management and the School be directed to pay the petitioner her salary.

The Petitioner is claiming monetary relief in the form of arrears of salary for the period from 1st November, 2011 to 28th June, 2017. Ordinarily, a monetary claim prior to three years of filing of Writ Petition would not be entertained in view of the general principles of limitation by applying a period of three years as the limit within which any monetary relief as due could be claimed. For this reason, the claim from 1st November, 2011 to 31st July, 2014 would relate to the period beyond three years of filing of the Writ Petition. Since the relief of grant of arrears of salary for this period could not have been obtained by approaching the Civil Court, that relief will have to be held to be not entertainable on account of unexplained delay and latches.

Further, any relief based on a contract of personal service which includes the relief with regard to a claim for arrears of salary amongst other reliefs cannot be enforced in exercise of writ jurisdiction. It is only if there is a public law element involved that such relief can be sought in exercise of writ jurisdiction. The relief with regard to enforcing a contract of personal service cannot be so sought. Individual wrongs or breach of mutual contracts without having any public element as its integral part cannot be rectified through a Writ Petition under Article 226 of the Constitution of India.

The only relief sought by the Petitioner is for grant of arrears of salary. The said relief is in the nature of seeking enforcement of terms of contract of personal service. The Writ Petition would not be tenable.The Petitioner is at liberty to seek such relief as is permissible in law by taking recourse to appropriate proceedings. Petition dismissed.

Tags : Arrears Salary Entitlement

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