ASHOK SATRAM HONMANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Writ petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ of certiorari and appropriate writ for quashing and setting aside the order dated 6.12.1999, passed by the Education Officer (Secondary), Zilla Parishad, Parbhani cancelling the alleged approval order dated 11.11.1999, alleged to have been granted in favour of the petitioner. The petitioner also seeks a mandatory order against the respondent No.2 to recognize and to accord an approval in favour of the petitioner as Physical Education Teacher w.e.f. 14.6.1999 and to pay salary to the petitioner w.e.f. 14.6.1999 till the date of petition jointly or severally as per Vth Pay Commission. Some of the relevant facts for the purpose of deciding this Writ Petition are as under :

(2.) The petitioner is B.A. M.P.Ed. Respondent No.4 is a school, namely Yashwant Madhyamik Vidyalaya at Sadegaon, which was a recognized and aided school. It is the case of the petitioner that he was appointed as Physical Education Teacher by the school of respondents No.3 and 4 on 4.6.1999 w.e.f. 14.6.1999 on probation for two years according to the provisions of the Maharashtra Employees of Private schools (Conditions of Service) Regulation Act, 1977. It is the case of the petitioner that, the appointment order was in the custody of the respondent No.4 and was not physically served on the petitioner. It is the case of the petitioner that the Education officer accorded an approval to the appointment of the petitioner as Physical Education Teacher on 11.11.1999.

(3.) The petitioner has alleged to have worked as Physical Education Teacher in the school of the respondent No.4 satisfactorily during the probationary period. The respondent no.3 thereafter resolved to transfer the place of school from Sadegaon to Tadkalas after obtaining permission from State Government. It is the case of the petitioner that the respondent no.2, in his letter dated 20.4.2000, specifically observed that, the teachers working in Sadegaon School would be accommodated in the school situated in Tadkalas. According to the petitioner, there were total 10 employees working in the school at Tadkalas prior to the shifting of the school from Sadegaon to Tadkalas. It is the case of the petitioner that the petitioner accordingly started performing his duties at Tadkalas in the school namely Yeshwant Madhyamik Vidyalaya, Tadkalas, District Parbhani.