BHARTI MANU MANDHORA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners, who are Assistant teachers, have challenged the order dated 13th December, 2002 granting approval to their employment as Shikshan Sevaks. It is the case of the petitioners that their employment as Assistant Teachers had been approved earlier and, therefore, the impugned order granting them approval as Shikshan Sevaks after their transfer to the Secondary section was bad in law.

(2.) Both the petitioners were appointed as Primary School Teachers in 1979 in the school run by respondent No. 3. In the year 2002-03, some of the teachers of Standards V to VII in the Secondary section retired and hence their posts fell vacant. The petitioners who were Primary School teachers were entitled to be transferred and appointed to these vacant posts in accordance with the Rules applicable since they were the seniormost teachers. Respondent No. 3 accordingly issued orders and appointed the petitioners as Assistant Teachers in the Secondary section of the School on 21st November, 2002. Approval for their appointments in the appropriate pay scale was sought by the school by taking into consideration their previous experience in the Primary section of the same school. However, on 13th December, 2003, respondent No. 2 approved the employment of the petitioners as Shikshan Sevaks for a period of three years on a consolidated amount of Rs. 3,000/- per month as honorarium. Representations made to respondent No. 2, Education Officer, were of no avail. Hence, the present Petition.

(3.) Undisputedly, the petitioners were employed in the Primary section of the school as permanent Assistant Teachers. Government had also accorded approval to the posts as well as their employment. The Government Resolution of 13th October, 2000 is relied upon by the Education Officer to deny approval to the petitioners as Assistant Teachers in the Secondary section and according them approval as Shikshan Sevaks under the Scheme formulated by the government. The Shikshan Sevak Scheme and the Government Resolution of 13th October, 2000 cannot be made applicable to the petitioners. Their employment in the Secondary section is governed by the Circular dated 20th january, 1987 which permits Primary School Teachers to be transferred to the secondary section of the school. This has been done in the petitioners' case. The circular still holds the field. Therefore, the stand taken by the Government to deny them the benefit of their service in the Primary section is untenable. The government Resolution of 13th October, 2000 has no application to the employment of the petitioners. The discharge certificate issued by the school also indicates that the petitioners' services were transferred to the Secondary section and, therefore, there is no question of them being approved as Shikshan Sevaks.