Bombay High Court
Nitin Ashruba Tidke vs State Of Maharashtra And Others on 23 June, 2016
Bench: S.S. Shinde
5177.2015WP.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.5177 OF 2015
Nitin Ashruba Tidke,
Age 33 Years, Occu. Service,
R/o.Bhogalwadi, Taluka Dharura,
District Beed. PETITIONER
VERSUS
1] The State of Maharashtra,
Through its Secretary,
Department of Rural & Water Conservation,
Mantralaya, Mumbai
2] Zilla Parishad, Beed
Through its Chief Executive Officer
3] Zilla Parishad, Gondia
Through its Chief Executive Officer
4] Block Education Officer,
Panchayat Samiti, Wadwani,
District Beed
5] Education Officer [Primary],
Zilla Parishad, Beed,
Taluka and District Beed RESPONDENTS
...
Mr.S.S.Jadhavar, Advocate for the petitioner
Mr.A.V.Deshmukh, AGP for Respondent No.1
Mr.S.S.Dambe, Advocate for Respondent Nos.2,
4 and 5.
...
CORAM: S.S.SHINDE &
SANGITRAO S.PATIL,JJ.
Reserved on : 15.06.2016
Pronounced on : 23.06.2016
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JUDGMENT: [Per S.S.Shinde, J.]:
This Petition is filed with the
following prayer:
B] By issuing writ of mandamus or any
other appropriate writ, order or
may kindly be directed to get
Petitioner joined as an Assistant
Teacher [Primary] in view of the
order dated 30.08.2014 issued by
Respondent No.2 [Exhibit-B].
2] The learned counsel appearing for
the petitioner submits that the petitioner
was appointed as an Assistant Teacher
[Primary], on the establishment of respondent
no. 3 on 26th December, 2003. Since place
'Gondia' is far away from 'Beed', the
petitioner submitted an application with
respondent nos.2 and 3 for his inter-District
transfer from the establishment of respondent
no.3 to the establishment of respondent no.2.
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After considering the application of the
petitioner, respondent no.3 consented for
inter-District transfer of the petitioner, by
communication dated 16th August, 2014.
Respondent no.2 also granted a permission for
transfer of the petitioner from Gondia to
Beed, and directed his absorption on the
establishment of the Panchayat Samiti,
Wadwani, by his communication / order dated
30th August, 2014. However, the authorities
of respondent no.3 did not relieve the
petitioner immediately. On 9th April, 2015,
the petitioner was relieved by the Headmaster
of the Zilla Parishad Primary School,
Jabbarkheda, District Gondia. On 10th April,
2015, the petitioner reported at the office
of respondent no.4 in order to join duties.
However, respondent no.4 communicated
respondent no.5 that due to problem of
absorption of surplus teachers, the
petitioner could not be permitted to join
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duties. Thereafter, the petitioner approached
the office of respondent nos.2 and 5 and
requested them to permit him to join duties,
however, the petitioner was not allowed to
join duties. Hence this Petition.
3] The learned counsel appearing for
the petitioner further submits that when the
Chief Executive Officer, Zilla Parishad,
Beed, and that of Gondia had consented and
permitted inter-District transfer, respondent
no.4 should have allowed the petitioner to
join at Wadwani. He submits that since the
petitioner is relieved from the earlier
establishment, he is without any work. He is
not getting salary. Therefore, relying upon
the pleadings in the Petition, annexures
thereto, and in particular the orders issued
by the Zilla Parishad, Gondia and Zilla
Parishad, Beed, the learned counsel for the
petitioner submits that, the Petition may be
allowed.
5177.2015WP.odt
4] The learned counsel appearing for
respondent nos.2, 4 and 5 relying upon
the affidavit-in-reply submits that though
there were no vacant posts and further there
was problem of excess / surplus teachers in
Zilla Parishad, Beed, the then Chief
Executive Officer approved the proposals for
inter-District transfers of Vasti School
teachers. Therefore, enquiry was conducted
against the then Chief Executive Officer and
about regularization of employees in Zilla
Parishad, Beed, certain guidelines were
issued by the State, vide Government
Resolution dated 27th November, 2015. He
further submits that the Chief Executive
Officer, Zilla Parishad, Beed communicated to
all Zilla Parishads in Maharashtra, by letter
dated 29th November, 2014 that as there was a
problem of salary of teachers due to excess
teachers in Beed Zilla Parishad, they should
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not relieve any teachers for joining on the
establishment of Zilla Parishad, Beed, even
if they received any order of inter District
transfer from Zilla Parishad, Beed.
5] The learned counsel then submits
that the petitioner belongs to NT [D]
category, and as per the roster maintained by
the respondent Zilla Parishad, Beed there is
no vacancy available to accommodate the
petitioner on the same roster point as well
there was no vacancy from open category.
There were already about 384 NT [D] category
candidates in excess than the posts reserved
for NT [D] category in Zilla Parishad, Beed.
The petitioner was relieved after the
communication by respondent no.2 [i.e. Zilla
Parishad, Beed]. Since there was no post
available for accommodating the petitioner,
he has not been allowed to join at Zilla
Parishad, Beed, till today. Therefore, the
learned counsel appearing for respondent nos.
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2, 4 and 5 submits that the Petition may be
rejected.
6] Respondent no. 3 has also filed
affidavit-in-reply. It is stated in the said
affidavit-in-reply that respondent no.2
granted no objection in favour of the
petitioner with condition that the petitioner
would be relieved after completion of the
academic session; and after verifying whether
any departmental proceedings are proposed or
pending against the petitioner, and no dues
of the Zilla Parishad, Gondia are to be
recovered from him. Accordingly, after
verifying the aforesaid factors, he was
relieved on 9th April, 2015 and therefore, it
is prayed that the Petition being without any
substance, the same may be rejected.
7] We have given careful consideration
to the submissions of the learned counsel
appearing for the petitioner and the learned
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counsel appearing for the respective
respondents. On perusal of the documents at
Exhibit-B Page-13 i.e. the order issued by
the Education Department, Zilla Parishad,
Beed, the name of the petitioner is mentioned
in the said order and his place of joining is
shown as Panchayat Samiti, Wadwani. The said
order was issued on 30th August, 2014.
However, respondent nos.2, 4 and 5 have
placed on record the copy of the Government
Resolution dated 27th November, 2015, issued
by the School Education and Sports
Department, Government of Maharashtra,
wherein it is stated that already there were
surplus teachers in the Beed District, and in
order to accommodate those surplus teachers,
793 basic posts have been sanctioned. There
is also copy of the letter dated 29th
November, 2014 placed on record by the said
respondents addressed to the various Zilla
Parishads wherein it was communicated that
5177.2015WP.odt
though there were orders issued, giving
consent for inter-District transfers, those
employees should not be relieved and in case
such employees were relieved, those would be
sent back to the concerned Zilla Parishad.
8] Upon careful perusal of the
documents placed on record, it is clear that
though the consent was given by respondent
nos.2 and 3 for the inter-District transfer
in the month of August, 2014, the petitioner
was relieved in the month of April, 2015. It
further appears that by that time, there were
a number of surplus teachers on the role of
the Zilla Parishad, Beed, and in order to
absorb the said surplus teachers, some
additional posts were required to be
sanctioned by the State Government. Despite
receiving the letter dated 29th November,
2014, respondent no.3 relieved the petitioner
for joining the establishment of respondent
no.2.
5177.2015WP.odt
9] In the light of the discussion in
the foregoing paragraphs, we are not
convinced to issue mandatory directions to
respondent no.3 to allow the petitioner to
join as an Assistant Teacher [Primary], in
view of the order dated 30th August, 2014
issued by respondent no.2. However, we direct
respondent no.3 [i.e. Zilla Parishad, Gondia]
to allow the petitioner to rejoin as an
Assistant Teacher [Primary] on its
establishment and give him posting within its
jurisdiction. As stated above, in view of
the communication issued by the Zilla
Parishad, Beed, on 29th November, 2014, to all
the Chief Executive Officers of the Zilla
Parishads in Maharashtra, the petitioner
should not have been relieved from the
services of the Zilla Parishad, Gondia.
10] In that view of the matter, we hope
and expect that respondent no.3 will allow
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the petitioner to join as an Assistant
Teacher within three weeks from receiving the
copy of this order.
11] So far as the claim of the
petitioner for Beed District is concerned,
respondent no.3, keeping in view the length
of service of the petitioner and seniority,
if any, for inter-District transfer, consider
the request of the petitioner for transfer
from Gondia District to Beed District, as and
when the posts would be available in Beed
District.
12] The Writ Petition is partly allowed
on the above terms, and the same stands
disposed of accordingly.
Sd/- Sd/-
[SANGITRAO S.PATIL] [S.S.SHINDE]
JUDGE JUDGE
DDC
