VASANT SUDAM PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition the petitioners, who were primary teachers, are challenging the legality and validity of the transfer order passed by the Block Education Officer, Panchayat Samiti Panvel, dated 12.3.1986. The petitioners who are husband and wife respectively are employed as primary teachers in the schools which are under the control of the Raigad Zilla Parishad.

(2.) IT is alleged in the petition that the petitioner No. 1 joined as Assistant Primary Teacher on 21.2.1972 at Uran and worked there upto 1981. In 1981 he was transferred to Panvel and since then he has been working as Assistant Teacher at Taloje Panchanad. The petitioner No. 1 married to petitioner No. 2 in the year 1976. On 12.11.1981 petitioner No. 2 joined as Assistant Primary Teacher at village Khidupada in Panvel Taluka. Both the petitioners are residing at a place known as Rod Pali in Panvel and they daily commute to their respective schools. In 1980 the couple gave birth to a son and in 1982 and 1984 respectively 2 daughters were born to the couple. It is asserted by the petitioners that both the petitioners have got clean service record without any adverse remarks. The academic year which started in June, 1985 terminated in June, 1986. The annual examinations commence by the middle of April and after examination of the papers etc. results are declared.

(3.) SHRI Limaye, learned Counsel for the petitioners submits that it is common knowledge and there are also instructions to that effect by the Government that transfer of teachers should not be made during the months of March and April because that is the time when the annual examinations are usually held. Shri Limaye also submits that in any case normally transfers are not made during continuation of the Academic Year as it would disrupt the smooth functioning of the schools. In fact Shri Limaye relies upon the Government Resolution, dated 6.4.1977 to that effect. Shri Limaye contended that the transfer order is blatantly mala fide and issued by way of punishment at the behest of the President of the Zilla Parishad and that too on the solitary ground that the petitioner declined to get operated at the sterilisation camp held at the behest of the Zilla Parishad, Raigad.