Case Note & Summary
The petitioners, Namdev Tukaram Patil (Petitioner No.1) and Sharada Shikshan Prasarak Mandal (Petitioner No.2), filed a writ petition under Article 226 of the Constitution of India challenging the order dated 31.12.2017 passed by the Education Officer (Secondary), Zilla Parishad, Kolhapur (Respondent No.2). The impugned order refused to grant approval to the transfer of Petitioner No.1, who was appointed as a Peon on 11.06.2003 in the unaided school of Petitioner No.2, to the aided school of the same management. The appointment of Petitioner No.1 had been approved by the Education Officer on 24.08.2014. On 15.06.2016, Petitioner No.2 transferred Petitioner No.1 from the unaided school to the aided school in the same post of Peon. The Head Master of the aided school submitted a proposal for approval of the transfer to Respondent No.2 on 31.12.2016. However, Respondent No.2 refused approval on 31.12.2017 on the ground that the post was not advertised. The petitioners sought quashing of the impugned order and a direction to grant approval with effect from 15.06.2016 and release of grant-in-aid for salary. The State respondents did not file any reply despite opportunities. The court noted that the learned AGP conceded that a judgment in Writ Petition No.8643 of 2019 (Rajaram S. Mandale v. State of Maharashtra) had no application to this case. The court held that the transfer of a non-teaching employee from an unaided school to an aided school of the same management is permissible and does not require fresh advertisement. The impugned order was set aside, and the Education Officer was directed to grant approval to the transfer with effect from 15.06.2016 and release all consequential benefits including salary and grant-in-aid within four weeks.
Headnote
A) Service Law - Transfer of Non-Teaching Staff - Approval - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Sections 5, 7 - The Education Officer refused approval to transfer of a Peon from unaided to aided school of same management on ground that post was not advertised. Court held that transfer of non-teaching staff between schools of same management is permissible and does not require fresh advertisement. The impugned order was set aside and approval was directed to be granted with effect from the date of transfer. (Paras 3-6) B) Service Law - Approval of Transfer - Retrospective Effect - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Section 5 - The Court directed that approval of transfer shall be effective from the date of actual transfer (15.06.2016) and consequential benefits including salary and grant-in-aid shall be released accordingly. (Para 6)
Issue of Consideration
Whether the Education Officer can refuse approval to the transfer of a non-teaching employee (Peon) from an unaided school to an aided school of the same management on the ground that the post was not advertised?
Final Decision
The impugned order dated 31.12.2017 is quashed and set aside. Respondent No.2 is directed to grant approval to the transfer of Petitioner No.1 from unaided school to aided school with effect from 15.06.2016 and release all consequential benefits including salary and grant-in-aid within four weeks from the date of the order.
Law Points
- Transfer of non-teaching employee from unaided to aided school of same management is permissible
- Education Officer cannot refuse approval on ground of non-advertisement of post
- Approval relates back to date of transfer
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- Maharashtra Employees of Private Schools (Conditions of Service) Rules
- 1981
