Case Note & Summary
This group of petitions was filed by hundreds of teachers employed with Pune Zilla Parishad, Raigad Zilla Parishad, and Thane Zilla Parishad, seeking transfer to the respective Municipal Corporations (Pune, Panvel, Thane, Kalyan-Dombivali, and Ambernath) upon inclusion of their villages within municipal limits. The teachers had been serving in Zilla Parishad schools situated in villages that were later included in the municipal corporation areas through various notifications issued between 2012 and 2021. The core issue was whether these teachers had a vested right to be absorbed in the municipal corporation schools. The petitioners relied on a Government Resolution dated 20 July 1999, which provided for transfer of teachers from Zilla Parishad to municipal corporations based on sanctioned strength and with the consent of teachers. They also cited a previous judgment of the Bombay High Court in Sajid Khan Peer Khan v. Malegaon Municipal Corporation, which directed absorption of teachers from villages included in municipal limits. However, the State issued a new Government Resolution on 25 July 2019, which changed the methodology: it required identification of excess teachers in Zilla Parishad and only such excess teachers could be transferred, and it allowed all teachers (whether from included villages or not) to opt for transfer. The petitioners contended that this impugned GR violated their vested rights and was contrary to the earlier GR and the statutory provisions of the Maharashtra Municipal Corporation Act, 1949 and the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. The court analyzed the provisions, particularly sections 3(3)(b), 493, and Appendix IV of the MMC Act, and section 255 of the ZP Act, which provide for automatic vesting of properties, assets, and liabilities of the Zilla Parishad in the municipal corporation upon inclusion of villages. The court held that the employer-employee relationship also transfers, and teachers have a right to be absorbed. The impugned GR of July 2019 was quashed as it curtailed that right. The court directed the respondents to transfer and absorb the petitioners who were serving in the concerned villages on the date of the respective notifications, in accordance with the earlier GR of July 1999 and the Malegaon case.
Headnote
A) Service Law - Transfer and Absorption - Vested Right - Government Resolution dated 25 July 2019 - The court considered whether teachers serving in Zilla Parishad schools in villages included in municipal limits have a vested right to transfer to the Municipal Corporation. Held that the earlier GR of July 1999 provided for transfer of teachers as per sanctioned strength and gave choice to teachers, and the impugned GR of July 2019, which restricted transfer only to excess teachers and allowed all teachers to opt, was contrary to the earlier GR and the provisions of the MMC Act and ZP Act. The court quashed the impugned GR and directed absorption of teachers who were serving in the concerned villages on the date of notification. (Paras 2-10)
B) Municipal Law - Vesting of Assets and Liabilities - Sections 3(3)(b), 493, Appendix IV of MMC Act and Section 255 of ZP Act - Upon inclusion of villages in municipal limits, all properties, assets, and liabilities of the Zilla Parishad in those villages automatically vest in the Municipal Corporation. The court held that the employer-employee relationship also transfers, and teachers have a right to be absorbed in the Corporation. (Para 10)
C) Interpretation of Statutes - Government Resolutions - Consistency and Retrospective Effect - The court held that the impugned GR of July 2019 could not override the earlier GR of July 1999 and the provisions of the Acts. The earlier GR was in sync with the statutory scheme, and the impugned GR was quashed as it sought to curtail vested rights. (Paras 3, 9-10)
Issue of Consideration
Whether teachers of Zilla Parishad schools situated in villages included in Municipal Corporation limits have a vested right to be transferred/absorbed in the Municipal Corporation schools, and whether the Government Resolution dated 25 July 2019 is valid in restricting that right.
Final Decision
The court quashed the Government Resolution dated 25 July 2019 and directed the respondents to transfer and absorb the petitioners who were serving in the concerned villages on the date of the respective notifications, in accordance with the Government Resolution of July 1999 and the order in Malegaon Municipal Corporation case.
Law Points
- Vested right to transfer
- Absorption of teachers
- Inclusion of villages in municipal limits
- Government Resolution interpretation
- Section 3(3)(b) MMC Act
- Section 255 ZP Act
- Section 4 ZP Act
- Section 493 MMC Act
- Appendix IV MMC Act
Case Details
2024 LawText (BOM) (6) 141
Writ Petition No. 9218 of 2021 and connected petitions
Mr. G. S. Godbole, Senior Advocate a/w Mr. Parag Tilak, Ketki Gadkari for Petitioners in WP/9218/2021, WP/9219/2021 & WP(ST)/24153/2022. Mr. Vijay Latange i/b Vivek Rane for Petitioners in WP/1468/2022. Mr. Nitin Gaware-Patil a/w Abhishek Nagode for Petitioners in WP/1552/2022 & WP/1582/2022. Mr.Sugandh Deshmukh i/b Mr. Rajaram Deshmukh for Petitioners in WP/9189/2022 & WP/10776/2022. Mr. S. S. Pakale, Senior Advocate a/w Saurabhi Pakale, Mr. Nilesh Desai, Ms. Padmaja Malgaonkar i/b Mr. S.M.Katkar for Petitioners in WP/2531/2021, WP/2532/2021, WP/6971/2019, WP/7741/2021 & WP(ST)/17854/2017, WP(ST)/14247/2017, WP(ST)/12787/2017, WP(ST)/14246/2017 and WP(ST)/12789/2017, WP(ST)/12791/2017. Mr. Nitin Deshpande fo Respondent No. 3 in WP(ST)/ 14246/2017, WP(ST)/ 12780/2017 and WP(ST)/ 17854/2017. Mr. Vishwanath Patil a/w Nidhi Chavan a/w Santanu Katkar for Respondent Municipal Corporation in WP (ST)/ 14246/2017, WP(ST)/ 12787/2017, WP(ST)/12791/2017, WP(ST)/ 22564/2017 AND WP/2531/2021. Mr. Ashutosh Gavnekar i/b Mr. C.G. Gavnekar for Respondent Nos. 5 to 7 in WP(ST)/ 17854/2017. Mr. Sarang Aradhye for Respondent Nos. 8 & 9 in WP(ST)/ 17854/2017. Mr. Narendra Bandiwadekar, Senior Advocate a/w Mr. Aniket S. Phapale , Sagar Mane, Vinayak Kumbhar, Rajendra Khaire i/b Ms. Ashwini N. Bandiwadekar for Petitioner in WP/6778/2023. Mr. R.V. Dighe i/b A.S. Rao for Respondent (KDMC). Mr. Ashwin R. Kapadnis for Z.P Pune in all Matters. Ms. Sonali Jadhav i/b Shankar P. Thorat for Respondent No. 5 & 6 (Z.P Thane) in WP/2532/2021 & WP/7741/2021. Ms Manisha Jagtap for Pune MC. Ms. Savita Thorat a/w G B Walawalkar, Mr. Sandeep D. Shinde i/b Shankar P Thorat for Respondent Nos. 9 & 10 (Z.P Thane) in WP/6971/2019. Mr. B. V. Samant, Addl. GP a/w Ms. Tejas J. Kapre, AGP for State Respondent.
Maruti Anantrao Hingane And 10 Ors.
The State Of Maharashtra And 3 Ors.
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Nature of Litigation
Writ petitions seeking transfer/absorption of Zilla Parishad teachers to Municipal Corporations upon inclusion of villages in municipal limits.
Remedy Sought
Writ of mandamus directing Zilla Parishad to transfer services of teachers to Municipal Corporation, direction to Municipal Corporation to treat them as employees, direction to State to decide proposal, and quashing of Government Resolution dated 25 July 2019.
Filing Reason
Teachers were not being absorbed in Municipal Corporations despite inclusion of their villages in municipal limits, and the impugned GR of July 2019 restricted their right to transfer.
Previous Decisions
Order dated 28 February 2019 in Writ Petition No. 2281 of 2019 (Malegaon Municipal Corporation case) directed absorption of teachers from villages included in municipal limits.
Issues
Whether teachers have a vested right to be transferred/absorbed in Municipal Corporation upon inclusion of villages in municipal limits.
Whether the Government Resolution dated 25 July 2019 is valid and does not curtail the rights of teachers.
Whether the provisions of MMC Act and ZP Act provide for automatic vesting of assets and liabilities including employer-employee relationship.
Submissions/Arguments
Petitioners: They have a vested right to be transferred/absorbed as per GR of July 1999 and the Malegaon case; the impugned GR of July 2019 is contrary and curtails their rights; under sections 3(3)(b), 493, Appendix IV of MMC Act and section 255 of ZP Act, upon inclusion of villages, all assets and liabilities including employment relationships vest in the Corporation.
Respondents: Not mentioned in the text.
Ratio Decidendi
Upon inclusion of villages in municipal limits, the assets and liabilities of the Zilla Parishad in those villages, including the employer-employee relationship with teachers, automatically vest in the Municipal Corporation. Teachers have a vested right to be transferred/absorbed in the Corporation, and any Government Resolution that curtails that right is invalid.
Judgment Excerpts
The impugned Government Resolution dated 25 July 2019 bearing number jipaba-4817/pra.kra. 522/astha-14 is now issued, providing for certain methodology for transfer/absorption of teachers in that particular Zilla Parishad into Municipal Corporation.
It is contended that the impugned GR of July 2019 is passed in complete ignorance of section 3(3)(b), 493 and Appendix IV of MMC Act and section 255 of ZP Act.
Since geographical area of 11 villages stand excluded from jurisdiction of Zilla Parishad, the said area ceases to be an area within district as contemplated under section 4 of the ZP Act.
Procedural History
The petitions were filed in 2021 and connected matters. Rule was made returnable forthwith and heard finally by consent of parties. The court considered the facts in Writ Petition No. 9218 of 2021 as representative.
Acts & Sections
- Maharashtra Municipal Corporation Act, 1949: Section 3(3)(b), Section 493, Appendix IV
- Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961: Section 255, Section 4
- Maharashtra Village Panchayat Act, 1959:
- Bombay Education Act, 1947:
