JYOTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The petitioners are challenging the impugned order dtd. 18/6/2021 passed by respondent No.2 thereby rejecting the proposal of the transfer of petitioners to the post of 100% aided from unaided post.

(3.) Both the petitioners came to be appointed initially on 1/9/2016 and 2/1/2017 respectively as Assistant Teachers on unaided divisions in New English School, Matapur and Malwadgaon, Taluka Shrirampur, District Ahmednagar run by respondent No.3 society. It is said that the said appointment is by following due procedure and against clear and vacant sanctioned post. Respondent No.2 had granted approval to the appointment of the petitioners by order dtd. 2/8/2019. After the completion of two years probation period satisfactorily, respondent No.3 had confirmed their services and then transferred them from unaided division to 100% aided posts. According to the petitioners, the said posts on aided division became vacant as two teachers from D.Ed. scale were granted promotion to B.Ed. scale. The petitioners are from D.Ed. scale. The governing council passed the resolution about the transfer of the petitioners on 1/1/2020 and 30/8/2019 respectively. The seniority was considered by respondent No.3. The sanctioned posts were in respondent Nos. 4 and 5. Thereafter, proposal was sent for according approval to the transfer of the petitioners, however, it has been rejected. Hence, present petition.