ANJANA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of learned advocate for respective parties.

(2.) The petitioner contends that she is qualified as B.A. B.Ed. In pursuance of the advertisement issued by respondent No.3 Latur Education Society, she had responded and after going through the selection process, she was appointed as Assistant Teacher with respondent No.4 w.e.f. 24/4/2013. Her services were approved on non- grant basis by the Education Officer vide order dtd. 31/9/2013. After successfully completing the probation period, she was granted permanent approval vide order dtd. 24/4/2015 in Pay Scale of Rs.5200.0020200 with Grade Pay of Rs.2800,.00 with continuity of service from the date of her initial appointment. On retirement of Shri S.K. Chanale, one post of Assistant Teahcer on grant-in-aid division became vacant. The respondent No.3 transferred petitioner to aided post vide order dtd. 26/4/2020. Consequently, proposal seeking approval to her transfer was forwarded to the Education Officer, however, vide impugned order dtd. 28/10/2020, the respondent No.2 rejected the proposal citing reason that surplus teachers are available in Latur District and unless such teachers are absorbed, the transfer of the petitioner can not be approved. The petitioner raises challenge to the aforesaid communication being arbitrary, and illegal.

(3.) The respondent No.2 Education Officer filed affidavit in reply stating that the petitioner was appointed on 5 th to 7th Standard on non grant basis w.e.f. 24/4/2013. However, her services are sought to be transferred by the school authorities to 1 st to 4th standards receiving grant in aid. Further, such transfer is effected without the permission from the School Education Department. There are surplus teachers available for absorption. The proposal is not in conformity with Rule 41A of the MEPS Rules.