SULBHA RANGRAO PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. By consent of parties, taken up for final hearing. The petitioner impugns the transfer order dtd. 6/12/2014 issued by the respondent No.5 Trust, thereby transferring her services from the School at Nandurbar to the school at Mundalwad, Taluka Dhadgaon, Dist. Nandurbar.

(2.) The petitioner contends that the respondent No.5 is an educational institute and runs schools at various places in Nandurbar District. The petitioner was appointed as Assistant Teacher at Primary School at Taloda on 1/6/1996. However, the respondents intentionally started harassment towards her. She was subjected to transfers from one school to another. The service period of the petitioner is given in tabular form which reads thus :-

(3.) According to the petitioner, Mundalwad is situated in Hilly area of Satpuda Mountains. It is exclusive tribal area having no facilities for accommodation, transport, medical etc. She served there during the period from 1/6/2011 to 31/5/2013. Since her husband, who is also a teacher under the establishment of Zilla Parishad School was sent on deputation at Dhadgaon by way of couple convenience, the petitioner could attend her school from Dhadgaon. However, the petitioner's husband is transferred to Nandurbar. Now, the petitioner is again transferred to Mundalwad, Taluka Dhadgaon under the impugned order dtd. 6/12/2014. The petitioner represented the management to give her convenient posting. However, they are acting in revengeful manner and transferred her from Nandurbar to Mundalwad for obvious reasons. According to petitioner, such transfer is contrary to the provisions of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981.