Case Note & Summary
The petitioners, seven individuals, were appointed as Assistant Primary Teachers by the Zilla Parishad, Pune. However, three of them received posting orders during the pendency of the petition, and their cases were disposed of. The remaining four petitioners (Petitioner Nos. 2, 4, 5, and 7) had appointment orders but were not issued posting orders. They filed a writ petition seeking posting orders. The court, relying on a previous Division Bench judgment in Lilabai Vasant Talekar vs. The Chief Executive Officer, Zilla Parishad, Pune, held that appointment without posting is incomplete. The court directed the Chief Executive Officer of Pune Zilla Parishad to issue posting orders to these four petitioners within four weeks. The petition was disposed of accordingly.
Headnote
A) Service Law - Appointment - Posting Orders - Appointment orders without posting orders are incomplete - The court held that the petitioners, who were appointed as Assistant Primary Teachers but not given posting orders, are entitled to be posted. The court directed the Zilla Parishad to issue posting orders within four weeks. (Paras 6-8)
Issue of Consideration
Whether the petitioners, who have been appointed as Assistant Primary Teachers but not issued posting orders, are entitled to be posted.
Final Decision
The court directed the Chief Executive Officer of Pune Zilla Parishad to issue posting orders to Petitioner Nos. 2, 4, 5, and 7 within four weeks. The petition was disposed of.
Law Points
- Appointment without posting is incomplete
- Right to be posted
- Direction to issue posting orders
Case Details
2021 LawText (BOM) (03) 47
WRIT PETITION NO.10177 OF 2017
SUNIL B. SHUKRE, G. A. SANAP
Mr. Saurabh Pakale i/b Mr. S. M. Katkar for the Petitioner, Ms. Kanchan Phatak i/b Mr. Nitin P. Deshpande for Respondent No.1, Mrs. P. N. Diwan, AGP for Respondent No.4
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition seeking posting orders for appointed Assistant Primary Teachers.
Remedy Sought
Petitioners sought direction to issue posting orders.
Filing Reason
Petitioners were appointed as Assistant Primary Teachers but not issued posting orders.
Previous Decisions
Three petitioners received posting orders during pendency; their petitions disposed. For remaining four, no posting orders issued.
Issues
Whether the petitioners are entitled to posting orders after appointment as Assistant Primary Teachers.
Submissions/Arguments
Petitioners argued that appointment without posting is incomplete. Respondents did not oppose the relief.
Ratio Decidendi
Appointment without posting is incomplete; a teacher appointed is entitled to be posted.
Judgment Excerpts
On going through the appointment orders issued to these Petitioners which are at page Nos.27, 29, 30 and 32 respectively, it can clearly be seen that the Petitioner Nos.2, 4, 5 and 7 though have been given a particular appointment as Assistant Primary Teacher, these Petitioners have not been issued any posting orders.
In a case involving similar facts the Division Bench of this Court in its judgment in case of Lilabai Vasant Talekar vs. The Chief Executive Officer, Zilla Parishad, Pune dated 3/3/2015 had directed Zilla Parishad, Pune to issue posting orders to the petitioners therein.
We are of the view that the case of the present Petitioners is also similar and they are entitled to the same relief.
Procedural History
Petitioners filed writ petition in 2017. During pendency, three petitioners received posting orders and their petitions were disposed. For remaining four, the court heard and decided the petition on 16 March 2022.
