Case Note & Summary
The petitioner, Smt. Anjana Madhav Channagire, was appointed as an Assistant Teacher in respondent No.4 school (Jawahar Primary School) on 24.4.2013 after a selection process by respondent No.3 (Latur Education Society). Her services were initially approved on a non-grant basis by the Education Officer (respondent No.2) on 31.9.2013, and later granted permanent approval on 24.4.2015 in the pay scale of Rs. 5200-20200 with grade pay of Rs. 2800. Upon the retirement of Shri S.K. Chanale, a post in the grant-in-aid division became vacant. Respondent No.3 transferred the petitioner to the aided post vide order dated 26.4.2020 and forwarded a proposal for approval to the Education Officer. However, respondent No.2 rejected the proposal on 28.10.2020, stating that surplus teachers are available in Latur District and unless such teachers are absorbed, the transfer cannot be approved. The petitioner challenged this order under Article 226 of the Constitution of India, arguing that the refusal was arbitrary and illegal. The court considered the submissions and held that the management has the right to fill the vacant aided post by transferring a teacher already working in the same school. The Education Officer cannot refuse approval solely on the ground of surplus teachers in the district, as such a condition is not supported by any statutory provision. The impugned order was quashed and set aside, and respondent No.2 was directed to grant approval to the petitioner's transfer within four weeks.
Headnote
A) Service Law - Transfer - Approval - Refusal - Surplus Teachers - The Education Officer refused to approve the transfer of a teacher from an un-aided post to an aided post in the same school citing availability of surplus teachers in the district. The court held that the management has the right to fill the vacant aided post by transferring a teacher already working in the same school, and the Education Officer cannot impose a condition of absorbing surplus teachers from the district. The impugned order was quashed and the Education Officer was directed to grant approval. (Paras 1-4)
Issue of Consideration
Whether the Education Officer can refuse to approve the transfer of a teacher from an un-aided post to an aided post in the same school on the ground that surplus teachers are available in the district?
Final Decision
The impugned order dated 28.10.2020 passed by respondent No.2 is quashed and set aside. Respondent No.2 is directed to grant approval to the transfer of the petitioner from un-aided to aided post within four weeks from the date of the order.
Law Points
- Transfer of teacher within same school from un-aided to aided post is permissible
- Education Officer cannot refuse approval solely on ground of surplus teachers in district
- Right of management to fill vacant aided post
- Article 226 of Constitution of India
