DEEPAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard learned counsel appearing for the respective parties finally, by consent.

(2.) Present Petition challenges the impugned order dtd. 23/3/2022 issued by respondent No.2 - Education Officer (Secondary), Zilla Parishad, Hingoli and to direct respondent No.2 to accord approval to the transfer of the petitioner from partially aided to aided basis post as per the proposal submitted by respondent Nos. 3 and 4. It also challenges the Government Resolution dtd. 11/12/2020 issued by the School Education Department as being arbitrary and unreasonable.

(3.) The factual matrix leading to the Petition are that the petitioner came to be appointed as laboratory attendant (peon) on 14/6/2014. His appointment was as per the due procedure of law by respondent No.3 education society. Respondent No.2 had granted approval to the appointment of the petitioner and also approval to the continuation by order dtd. 22/11/2017. The petitioner was working in respondent No.4 school on partially aided basis on the said post. After the vacancy arose, respondent No.3 institution had transferred the petitioner from partially aided post to fully aided post of laboratory attendant (peon). Respondent No.3 is getting 100% grant-in-aid from the Government and therefore, the said transfer is effected. The petitioner also informs that the transferred post become vacant due to sad demise of one Pandit Bhagwan Kacharu, who was working on 100% grant-in-aid post of laboratory attendant (peon). The said transfer is permissible as per Rule 41 of the Maharashtra Employees of Private Schools (Condition of Service) Rules 1981. Thereafter respondent No.3 had forwarded the proposal to respondent No.2 for getting approval to the said transfer, but it came to be rejected on the ground that the said post which was then held by Pandit Bhagwan Kacharu has lapsed due to his demise in view of the Government Resolution dtd. 11/12/2020 and now Class-IV Post is available to be filled in only on honorarium basis. Hence the petitioner is challenging the impugned order as well as the Government Resolution.