RAMNATH DADA MOTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE, returnable forthwith. Respondents waive service. By consent taken up for final hearing.

(2.) THE authorities of the State Government have proposed to reduce the extent of causal leave allowable to teachers and to non teaching employees of private schools in the State. The reduction proposed is from 15 days to 8 days every year. The policy decision is embodied in a circular dated 16th November, 1999 addressed by the Director of Education to all the Education Officers in the State intimating a decision taken by the State Government in a Government Resolution dated 12th October, 1999. The legitimacy and the fairness of this decision and the power of the State Government to reduce the number of days of casual leave is sought to be impugned in these proceedings under Article 226 of the Constitution.

(3.) THE 1st petitioner is an Assistant Teacher in a Secondary School at Ulhasnagar, since 1976. Besides, he is also the General Secretary of the Maharashtra Rajya Shikshak Parishad, in its Konkan Region including the Districts of Thane, Raigad, Ratnagiri and Sindhudurg. The second petitioner is also an Assistant teacher in a school at Shahad, Ulhasnagar. The schools in which the petitioners are employed are Government recognised private schools which receive 100 per cent grant-in-aid from the Government of Maharashtra.