VASANT DAGA BORSE Vs. GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) By our order of 15/2/2023, we had briefly summarised the conspectus of this group of Petitions. As we noted it pertains to the so called transfers in Zilla Parishad schools once the infrastructure of the Zilla Parishad is vested in the corresponding Municipal Corporation because an expansion of Municipal Corporation limits. The argument of the Petitioners, as we had summarised, was that this lateral transfer of infrastructure from a Zilla Parishad to a Municipal Corporation allows every Zilla Parishad teacher to now choose whether to continue with the Zilla Parishad school or to continue in the school that is part of the Municipal Corporation. The submission is fully contested by the Respondents who point out that there is no possibility of a teacher choosing his or her employer. According to the Respondents Zilla Parishad teachers can at best indicate a choice of some other Zilla Parishad school and, if their request is accepted, they will be entitled to continuity of service and protection of seniority. There are some protective orders and there are previous decisions that have to be considered.

(2.) We will take up the entire group for final disposal at the earliest possible date. Any previous protective orders will continue in their respective Writ Petitions but only until the next date. The entire group is to be listed for final disposal on the weekly board commencing from 26/6/2023.

(3.) All pleadings must be completed before the next date.