Case Note & Summary
The petitioner, Smt. Anjana Madhav Channagire, was appointed as an Assistant Teacher in Jawahar Primary School, Latur, on 24.4.2013. Her services were initially approved on a non-grant basis by the Education Officer on 31.9.2013. After completing probation, she was 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. The Latur Education Society transferred the petitioner to the aided post via order dated 26.4.2020 and forwarded a proposal for approval to the Education Officer. However, the Education Officer rejected the proposal on 28.10.2020, stating that surplus teachers were available in Latur District and that the transfer could not be approved until those teachers were absorbed. The petitioner challenged this order under Article 226 of the Constitution of India. The court found the rejection arbitrary and illegal, noting that the transfer was within the same school and the petitioner was already serving. The court directed the Education Officer to reconsider the proposal and pass appropriate orders within four weeks, considering the petitioner's case on its own merits.
Headnote
A) Service Law - Transfer - Approval of Transfer - Refusal based on surplus teachers - The Education Officer rejected the transfer proposal of the petitioner from an un-aided to an aided post in the same school citing availability of surplus teachers in the district. The court held that the reason was arbitrary and illegal as the transfer was within the same school and the petitioner was already serving. The court directed the Education Officer to reconsider the proposal and pass appropriate orders within four weeks. (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 court allowed the writ petition, quashed the impugned order dated 28.10.2020, and directed the Education Officer to reconsider the proposal for approval of transfer and pass appropriate orders within four weeks.
Law Points
- Transfer of teacher from un-aided to aided post within same school is permissible
- Education Officer cannot refuse approval solely on ground of surplus teachers
- Right to consideration of transfer proposal
- Article 226 of Constitution of India
Case Details
2024 LawText (BOM) (02) 125
Writ Petition No. 1279 of 2021
Smt. Vibha Kankanwadi, S.G. Chapalgaonkar
V.D. Gunale, P.S. Patil, U.B. Bondar, A.M. Sabnis
Smt. Anjana d/o. Madhav Channagire
The State of Maharashtra, The Education Officer (Primary) Zilla Parishad, Latur, Latur Education Society, Latur, The Head Master, Jawahar Primary School
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Nature of Litigation
Writ Petition under Article 226 of the Constitution of India challenging the order of the Education Officer refusing to approve transfer of teacher from un-aided to aided post.
Remedy Sought
Petitioner seeks writ of Mandamus against respondent No.2 to grant approval to her transfer.
Filing Reason
The Education Officer rejected the proposal for approval of transfer of the petitioner from un-aided to aided post on the ground that surplus teachers are available in Latur District.
Previous Decisions
The Education Officer passed order dated 28.10.2020 rejecting the proposal for approval of transfer.
Issues
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.
Submissions/Arguments
Petitioner argued that the transfer was within the same school and she was already serving, and the reason given by the Education Officer was arbitrary and illegal.
Respondent No.2 Education Officer filed affidavit in reply stating that the petitioner was appointed on 5th and surplus teachers are available.
Ratio Decidendi
The refusal to approve transfer of a teacher from an un-aided to an aided post within the same school solely on the ground of availability of surplus teachers in the district is arbitrary and illegal. The Education Officer must consider the proposal on its own merits.
Judgment Excerpts
The petitioner approaches this Court under Article 226 of the Constitution of India thereby impugning the order dated 28.10.2020 passed by the respondent No.2 - Education Officer (Primary), Zilla Parishad, Latur, thereby refusing to approve her transfer from un-aided to aided post in respondent No.4 School.
The respondent No.2 rejected the proposal citing reason that surplus teachers are available in Latur District and unless such teachers are absorbed, the transfer of the petitioner can not be approved.
The petitioner raises challenge to the aforesaid communication being arbitrary, and illegal.
Procedural History
The petitioner was appointed as Assistant Teacher on 24.4.2013, approved on non-grant basis on 31.9.2013, granted permanent approval on 24.4.2015. Upon retirement of a teacher, she was transferred to aided post on 26.4.2020. Proposal for approval was rejected by Education Officer on 28.10.2020. Petitioner filed Writ Petition No. 1279 of 2021 before the Bombay High Court, which was heard and decided on 21.2.2024.
Acts & Sections
- Constitution of India: Article 226
