LAWS(SC)-2023-3-69

MAHARASHTRA RAJYA PADVIDHAR PRATHAMIK SHIKSHAK VA KENDRA PRAMUKH SABHA Vs. PUNE MUNICIPAL CORPORATION

Decided On March 17, 2023
Maharashtra Rajya Padvidhar Prathamik Shikshak Va Kendra Pramukh Sabha Appellant
V/S
PUNE MUNICIPAL CORPORATION Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The issue that requires our consideration in this case is whether the services rendered by primary teachers while in the service of the Zilla Parishad (hereinafter "ZP") deserves to be counted towards their seniority after the transfer and merger of their services into the Pune Municipal Corporation (hereinafter "PMC")?

(3.) The State of Maharashtra is vested with the power to specify a 'larger urban area of a municipal corporation under Sec. 3(1) of the Maharashtra Municipal Corporation Act, 1949 (in short, "MMC Act"). Such an area can further be altered by issuing a Notification under Sec. 3(3). The expression, "larger urban area" is defined under Article 243Q(2) of the Constitution, which says that:-