PRASHANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally, with consent of both parties.

(2.) The petitioner has impugned communications dtd. 6/11/2023 and 20/3/2024 of respondent No.3 / the Education Officer (Primary), Zilla Parishad, Ahmednagar, declaring the petitioner surplus and not granting benefits and protection as per the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short, "the Act") and Government Resolution dtd. 28/8/2012.

(3.) In nut-shell, the petitioner was declared surplus teacher and he was posted to Padmarasik Shaha Vidya Mandir, Sangamner, as per roster. However, that school did not allow him to join. Hence, an action was proposed against that school. Thereafter, the petitioner was granted an opportunity to select the School. Respondent No.3 had no option but to absorb him to the school from the available vacant post. Therefore, respondent No.2 vide order dtd. 20/2/2024 directed the petitioner to join in Dada Waman Joshi Navin Marathi School, Shrirampur.