UTKARSH SHIKSHAK SANGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SOMETIME in the year 1994-95, the limits of the Kalyan dombivli Municipal Corporation came to be altered inter alia by the inclusion of 27 villages. 28 Primary Schools were situated therein. On 12th July, 2002, the State Government issued a notification in exercise of its power under section 3 (3) (a) of the Bombay Provincial municipal Corporations Act, 1949. Thereby, the limits of the City of Kalyan-Dombivli were altered so as to exclude the area comprised therein from the aforesaid 27 villages. The process of transferring teachers working in 28 marathi Medium Schools in those 27 villages to the Thane Zilla Parishad was thereupon commenced.

(2.) THE Primary Teachers' association moved a petition under Article 226 of the Constitution before this Court (Writ petition 5440 of 2002) claiming to represent the interest of 71 Primary Teachers. A Writ of Mandamus was sought in the petition directing the Municipal Corporation to absorb the members of the Association into the services of the Corporation and for an order restraining the Corporation and the Municipal school Board from transferring the services of the teachers whom the Association represented. Consequential reliefs, including the payment of regular salary, were sought and it was prayed in the alternative that the status quo should be maintained in respect of the members of the Association as it obtained prior to the notification excluding 27 villages from the limits of the Municipal Corporation.

(3.) ON 5th October, 2002, a Division bench of this Court issued notice on the petition and directed that in the meantime, the corporation shall not make any further transfers on account of the exclusion of the 27 villages. On 9th June, 2004, a Division Bench of this Court granted rule on the petition. The interim order was, however, vacated and there was a direction for the release of the salary which had been withheld on the incumbents joining their posts. It appears that on 6th April, 2004, the Municipal Corporation transferred the services of 119 Primary Teachers to the thane Zilla Parishad. Those Primary Teachers were not working in the Schools situated in the 27 deleted villages as on 12th July, 2002. This action of the Corporation was challenged in a fresh Writ Petition (Writ Petition 3403 of 2004) fled by Kalyan-Dombivli Mahanagar palika Shikshak Sangharsha Samiti. This petition was filed on behalf of certain Primary teachers who claimed to have been working form the inception with the Municipal corporation. On 1st July, 2004, a Division bench of this Court passed a further direction recording that the interests of justice" would be met if there was no stay to the orders of transfer dated 6th April, 2004. The Division Bench directed that the persons covered by the order should join their postings immediately. It was made clear that their joining shall be without prejudice to their rights and contentions in the petition. The Court ordered that salaries should be released immediately after the employees concerned joined their designated posts. However, an opportunity was granted to a representative Association of the teachers to make a representation before the State government. The Court, however, observed that while effecting postings in pursuance of the order dated 6th April, 2004, care should be taken to ensure that those teachers should be posted only to 27 villages which had been transferred out of the Corporation to the Zilla parishad.