DATTU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

(2.) The petitioner, who is serving as Assistant Teacher in the school run by Respondent No.2-Institution, is assailing the communication dated 17.11.2011, issued by Respondent No.3 - Education Officer refusing to accord approval to the transfer of petitioner from unaided school to aided school run by the same Institution. Consequent upon refusal by the Education Officer to accord approval to the transfer of the petitioner, his services have not been approved.

(3.) The petitioner was appointed on the post of Assistant teacher on 13.07.1997 in unaided school run by Respondent No.2- Institution. Respondent No.2-Institution runs five schools, out of which, three schools receive 100% grants, whereas, two schools are run on no grant basis. According to the petitioner, there are in all 15 sanctioned posts and petitioner is placed at Sr.No.16 in the common seniority list. A vacancy arose in the school receiving grant-in-aid on account of death of one of the teachers, which was filled in by effecting transfer of the petitioner, who was placed at Sr.No.16 in the seniority list, from unaided school to a school receiving Government aid. After effecting transfer of the petitioner to the aided school, a proposal was sent for according approval to the transfer of the petitioner as well as for according individual approval to the petitioner. Since the Education Officer proceeded to reject proposal tendered by Respondent No.2-Institution to accord approval to the transfer of the petitioner, he has approached this Court.