Case Note & Summary
The judgment concerns three writ petitions filed by teachers challenging the order of the Education Officer (Secondary) who granted them approval only as Shikshan Sevaks instead of Assistant Teachers. The petitioners were appointed as Assistant Teachers in an aided school by transfer from an unaided school on the basis of seniority. The court noted that the Division Bench in M/s. Sandhya Laxman Ghosalkar Vs. The State of Maharashtra (Writ Petition No.5258 of 2012) had already held that there was no justification for such limited approval when the teachers were appointed by transfer and were similarly circumstanced with other teachers who received approval as Assistant Teachers. Following that precedent, the court quashed the impugned order and directed the Education Officer to grant approval to the petitioners as Assistant Teachers with effect from 1 August 2011, as mentioned in the approval order. The petitions were disposed of with rule made returnable forthwith.
Headnote
A) Service Law - Approval of Appointment - Transfer from Unaided to Aided School - The Education Officer granted approval only as Shikshan Sevaks to teachers appointed as Assistant Teachers by transfer from unaided to aided school based on seniority. The court held there was no justification for such limited approval, especially when similarly situated teachers were granted approval as Assistant Teachers. The court quashed the order and directed approval as Assistant Teachers with effect from the date mentioned in the approval order. (Paras 4-5)
Issue of Consideration
Whether the Education Officer (Secondary) was justified in granting approval to the petitioners only as Shikshan Sevaks instead of Assistant Teachers, when they were appointed by transfer from unaided to aided school on the basis of seniority.
Final Decision
The court quashed and set aside the order of the Education Officer (Secondary) and directed the Education Officer to grant approval to the appointments of the petitioners as Assistant Teachers with effect from 1 August 2011 (the date as mentioned in the approval order). Rule made returnable forthwith. Petitions disposed of.
Law Points
- Approval of appointment as Assistant Teacher
- Transfer from unaided to aided school
- Seniority
- Shikshan Sevak
- Education Officer's discretion
- Parity with similarly situated teachers
