MARUTI ANANTRAO HINGANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Learned counsel for the Respondents waive service. Rule made returnable forthwith. Heard finally by consent of parties.

(2.) This group of petitions involve a common question arising in the situation where the urban area under Municipal Corporation is increased and certain villages, which are otherwise under the jurisdiction of Zilla Parishad (ZP), are included in the Municipal Corporation limits. Particularly how the teachers of Zilla Parishad schools (situated in such villages, which are included in Municipal Corporation limits) are to be treated. Their transfer / absorption in the Municipal Corporation schools, is the subject matter of debate. All the Petitioners, hundreds in number, are teachers working in primary schools run by either Pune Zilla Parishad, Raigad Zilla Parishad or Thane Zilla Parishad, seeking transfer to Pune Municipal Corporation (PMC), Panvel Municipal Corporation (Panvel MC), Thane Municipal Corporation (TMC), Kalyan-Dombivali Municipal Corporation (KDMC) or Ambernath Municipal Corporation, as the case may be.

(3.) Broadly speaking, a Government Resolution (GR) dtd. 13/8/1990 ('GR of August 1990' for short) initially provided for transfer of primary teachers from Zilla Parishad to concerned Municipal Council / Corporation. Also Government Resolution dtd. 20/7/1999 ('GR of July 1999' for short) provided for various aspects including transfer of Zilla Parishad schools to the Municipal Corporation, on inclusion of certain villages in the corporation area, which was governing the field. However, the impugned Government Resolution dtd. 25/7/2019 bearing number jipaba-4817/pra.kra. 522/astha-14 ('GR of July 2019', for short) is now issued, providing for certain methodology for transfer/absorption of teachers in that particular Zilla Parishad into Municipal Corporation. The effect of this 25/7/2019 GR on teachers like the Petitioners, is under consideration.