VAISHALI RAOSO GHADAGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by consent of the parties.

(2.) By the present petition filed under the provisions of Article 226 and 227 of the Constitution of India, the petitioners have sought the following prayers :-

(3.) The petitioner No.1 came to be appointed as an Assistant Teacher w.e.f. 31.07.2017 in the pay scale of Rs.9,300-34,800/- G.P. Rs.4,300/- on the un-aided post of Assistant Teacher in the school run by the petitioner No.2/Trust. The petitioner No.2 is a Trust registered under the Bombay Public Trusts Act, 1950 and the Societies Registration Act, 1860 and presently runs 29 schools including the school in which the petitioner No.1 came to be appointed. The said school does not receive any grant-in-aid from the Education Department and therefore is an un-aided school, as such the posts of teachers in the said un-aided school are sanctioned on un-aided basis. It is the case of the petitioners that, one Shri Tatoba Appa Narale (B.A., B.Ed.) was working as a full time Assistant Teacher in the said school on un-aided basis. The appointment of Shri. Tatoba Appa Narale was granted approval by respondent No.2/Education Officer (Secondary), Zilla Parishad, Sangli. He was transferred from the said un- aided school to Dighanchi Girls High School, Dighanchi, Dist. Sangli (un-aided school) belonging to petitioner No.2/Trust on 12.07.2017. In view of the same, the post of the teacher sanctioned on un-aided basis in the said school became vacant.