Case Note & Summary
The petitioner, Lilabai Vasant Talekar, was appointed as a Shikshan Sevak by Zilla Parishad, Ratnagiri on 15.6.2007 and later worked as an assistant teacher there. The State Government framed a policy via Government Resolution dated 29.3.2009 (modified on 29.9.2011) to place husband and wife in the same or nearby Zilla Parishad. The petitioner applied on 8.12.2010 for transfer to Pune Zilla Parishad, where her husband worked as a primary teacher. The Education Officer, Ratnagiri forwarded the proposal, and Pune Zilla Parishad issued an order on 1.2.2011 appointing her as assistant teacher on the same terms, stating she would be absorbed in a vacancy arising from promotion or superannuation. However, the order was not implemented, and Ratnagiri Zilla Parishad did not permit her to join. The petitioner filed a writ petition seeking a direction to implement the order. The court noted that despite service of notice, the respondents did not appear or file a reply. The court found it implausible that no vacancy had arisen since 2011, especially as the petitioner had learned through an RTI query that over 470 posts of assistant teachers were vacant in Pune Zilla Parishad. The court held that the order dated 1.2.2011 must be implemented, directing the Chief Executive Officer of Pune Zilla Parishad to act upon it within four weeks and absorb the petitioner in the next available vacancy. The petition was allowed with rule made absolute.
Headnote
A) Service Law - Transfer Policy - Husband and Wife Uniting - Government Resolution dated 29.3.2009 and 29.9.2011 - The petitioner, a teacher with Zilla Parishad Ratnagiri, sought transfer to Pune Zilla Parishad where her husband worked. Pune Zilla Parishad issued an appointment order on 1.2.2011 but failed to implement it. The court held that the order must be implemented as the policy aims to unite spouses and vacancies exist. (Paras 1-4)
Issue of Consideration
Whether the Zilla Parishad is bound to implement its own order dated 1.2.2011 appointing the petitioner as assistant teacher under the Government Resolution policy for uniting husband and wife.
Final Decision
The petition is allowed. Rule is made absolute. The Chief Executive Officer of Zilla Parishad, Pune is directed to act upon the order dated 1.2.2011 within four weeks and absorb the petitioner in the next available vacancy of assistant teacher.
Law Points
- Government Resolution policy for uniting husband and wife in same Zilla Parishad
- Right to Information Act
- implementation of administrative orders
