JANASEVAK SHIKSHAN SANSTHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard the learned Counsel for the parties.

(2.) The petitioners are aggrieved by the order dtd. 1/2/2023 passed by respondent no.4 whereby the transfer of petitioner nos. 3 and 4 from an unaided post to an aided post has not been accepted as valid and being contrary to the Government Notification dtd. 8/6/2020 and Resolution dtd. 1/4/2021.

(3.) Petitioner nos. 3 and 4 came to be appointed on 27/4/2015 on the posts of Assistant Teacher in the subject of Social Science and Marathi on an unaided higher secondary Sec. of petitioner no.2 School and Junior College. On 10/9/2021, their services were transferred from an unaided higher secondary division to an aided secondary division of the School and the same was approved by the Education Officer (Secondary) on 28/1/2022. At the instance of respondent no.4, notice was issued to the petitioners seeking to grant them an opportunity of hearing for considering the validity of the order of transfer. Pursuant thereto, the impugned order dtd. 1/2/2023 came to be passed wherein respondent no.4 held that by virtue of such transfer from an unaided sec. to an aided Sec. , financial burden would be fastened on the State Government. Since this was contrary to the Circular dtd. 1/4/2021, it was held that petitioner nos. 3 and 4 were not entitled for benefits of the order of transfer.