MAHARASHTRA PRATHAMIK SHIKSHAK SAMITI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS batch of three petitions is placed for hearing together as they involve common questions of law mostly and generally some aspects of facts.

(2.) THE petitions have a history prior to the presentation of these petitions. A large number of transfers came to be made of primary school teachers working under the Zilla Parishads, Wardha and Bhandara. The teachers approached this Court complaining that those transfers have not been in accordance with the instructions and circular issued by the State Government relating to transfers of primary school teachers within the Zilla Parishad area and rules or guidelines which would govern such transfers. When the petitions came up before this Court, notice before admission was issued and this Court directed that these teachers should make a representation to the concerned Chief Executive Officers of the Zilla Parishad against the order within a peri (sic) 5 days and the Zilla Parishad Officer then will consider those representations and the pass an order either "confirming or modifying the impugned orders of transfers.

(3.) THE teachers from the Wardha Zilla Parishad who were members of an association called the Maharashtra Prathamik Shikshak Samiti, through its branch at Wardha, filed first of the petitions after rejection of their representation to this Court which is Writ Petition No. 1783 of 1981. That petition was admitted and rule was made returnable on 22nd of July 1981. Subsequently two other petitions were filed by the teachers whose representations had been similarly rejected from the Bhandara Zilla Parishad area. They are : Writ Petition No. 1824 of 1981 filed on 17 -7 -1981 and Writ -Petition No. 1845 of 1981 filed on 21 -7 -1981.