VIJAY Vs. ZILLA PARISHAD

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Petition is heard finally with the consent of learned counsel for the respective parties.

(2.) The Petitioner has challenged the legality of the order dtd. 22/1/2018, issued by Respondent No.1-Zilla Parishad, Akola through its Chief Executive Officer cancelling his appointment by transfer and has further sought direction against the Respondent No.1-Zilla Parishad, Akola to retain him on the post of Assistant Teacher in its establishment.

(3.) The Petitioner was appointed as a Primary Teacher in Zilla Parishad School, Washim under an appointment order dtd. 30/10/2002 from open category. His appointment was on clear, vacant and permanent post. Upon completion of probation period, the services of the Petitioner came to be confirmed on 13/3/2006. The Petitioner got married on 10/5/2006. The wife of the Petitioner was appointed as a Laboratory Attendant in Jagdamba Vidyalaya, Dongargaon, District Akola. The Petitioner applied for transfer from Zilla Parishad, Washim to Zilla Parishad, Akola in view of prevailing policy of the State Government vide Government Circular dtd. 21/9/1974. The Petitioner also gave consent that his seniority may be counted from the date on which he joins the services at Zilla Parishad, Akola by treating the same as fresh appointment. The proposal was forwarded to the Office of Education Officer, Zilla Parishad, Washim and subsequently by order dtd. 29/5/2007, the Petitioner came to be appointed as an Assistant Teacher and posted in Akola Panchayat Samiti. The Petitioner belongs to Kunbi OBC category and his appointment on transfer was on a vacant post reserved for Other Backward Class (OBC). The Petitioner was relieved vide order dtd. 31/5/2007 and he joined the services at Panchayat Samiti, Akola on 8/6/2007.