Her Appointment Was Never Approved. The Court Approved It From 2012.
A teacher's appointment sat without approval while the reasons for refusing it accumulated. The Bombay High Court has found none of them sustainable.
The Court held that none of the reasons given in the impugned order can be sustained, and that the refusal of approval was not in consonance with the MEPS Act and the Rules. It was quashed and set aside, and the State directed to forthwith allow the proposal and grant approval with effect from 16 February 2012, with salary and backlog wages paid within eight weeks.
- Approval runs from the date of appointment, not from the date the State finally grants it.
- Backlog wages follow, and were given an eight-week deadline.
- Every reason was examined, and none of them survived.
- Fourteen years between the appointment and the order recognising it.
- Court
- High Court of Judicature at Bombay
- Citation
- Writ Petition No. 2371 of 2020
- Case
- Writ Petition No. 2371 of 2020
- Decided
- September 2026
- Outcome
- Writ petition allowed; approval directed from 2012 with backlog wages
What was refused, and why
By an order of 11 February 2019 the State rejected approval of the petitioner's appointment.
The Court examined the reasons given and held that none of them could be sustained, so the order required interference.
What was directed
The order rejecting approval was held not to be in consonance with the provisions of the MEPS Act and the Rules made under it, and was quashed and set aside.
The State was directed forthwith to allow the proposal and grant approval to the petitioner's appointment with effect from 16 February 2012.
Her salary, along with backlog wages, is to be paid within eight weeks of the order.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
From what date does approval of an appointment take effect?
From the date of appointment. Here approval was directed with effect from February 2012.
Are backlog wages payable?
Yes. The Court directed salary with backlog wages within eight weeks.
Pursuing an unapproved school appointment
- Fix the date of appointment; approval, when granted, is claimed from that date.
- Take each reason in the refusal separately and answer it against the Act and Rules.
- Claim backlog wages in the prayer, with a time limit, or approval alone leaves you unpaid.
- Keep the proposal and its forwarding on record, so the delay is shown to be the State's.
Source. High Court of Judicature at Bombay, Writ Petition No. 2371 of 2020, decided September 2026 by . This explainer is written from the judgment text as reported.
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