SAU KALPANA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule returnable forthwith. Heard finally by consent of the learned Counsel for the rival parties.

(2.) By the present petition, the petitioner seeks direction to respondent No.2 Deputy Director of Education, Amravati Division, Amavati to grant approval to the transfer order dated 30.11.2006 of the petitioner and consequently, for setting aside the communications mentioned in prayer clause - (i) of the writ petition.

(3.) In support of the writ petition, the learned Counsel for the petitioner made the following submissions. Since the order of her initial appointment the petitioner has been working as assistant teacher in New English High School (NEHS), Akola and was transferred by the order of promotion dated 14.9.2006 as due to retirement a post of lecturer in New English Junior College (NEJC), Akola run by the same Management had fallen vacant. The approval to her appointment by transfer was however rejected by respondent No.2 on 20.09.2006 since her appointment in Junior College could not have been made by promotion and transfer. Another order was passed on 30.11.2006, saying that she was merely transferred and was not promoted and again proposal was sent for approval but the respondent No.2 rejected the same by order dated 19.5.2007. The petitioner filed writ petition in this Court vide Writ Petition No.3416/2007, which came to be decided on 1.8.2008 and order rejecting approval dated 19.5.2007 was set aside with further direction to consider the case for approval under Rule 41 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (For short, hereinafter referred as 'the M.E.P.S. Rules". Thereafter, respondent No.2 on 20.09.2008 reconsidered the matter and again rejected her case. The petitioner filed another Writ Petition No.5428/2008 and on 3.3.2009 this Court again asked respondent No.2 to reconsider his decision in accordance with law. Respondent No.2 filed review petition M.C.A. St. Nos.11042/2009 and 11044/2009 for review and in review, the following order was made by this Court on 4.12.2009.