Case Note & Summary
Multiple petitions concerning the transfer or absorption of teachers from Zilla Parishad (ZP) schools into Municipal Corporation (MC) schools when villages are included within urban MC limits. The petitioners argue for their right to be absorbed into MC schools based on earlier Government Resolutions (GRs) from August 1990 and July 1999, contesting a more recent GR from July 2019 which introduces a new methodology for such transfers. The key points of contention involve the legality and fairness of the 2019 GR, and whether it supersedes or contradicts previous resolutions and legal provisions.
Main Content with Headings 1. Introduction Common Question: Handling transfer/absorption of ZP school teachers when urban areas expand. Petitioners: Teachers from Pune, Raigad, and Thane ZPs seeking transfer to respective MCs. 2. Government Resolutions (GRs) Involved August 1990 GR: Initially provided for transfer of primary teachers from ZPs to MCs. July 1999 GR: Detailed provisions for transfer of ZP schools and teachers to MCs. July 2019 GR: Introduced new methodology for transferring/absorbing ZP teachers into MCs. 3. Notifications and Their Effects Multiple Notifications: Villages from various ZPs included in MC limits. Overlap: Some villages mentioned in multiple notifications. 4. Acts Involved Maharashtra Municipal Corporation Act, 1949 (MMC Act) Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (ZP Act) Maharashtra Village Panchayat Act, 1959 (MVP Act) 5. Facts Petitioners' Grievance: Not absorbed by respective MCs despite working in ZP schools in newly included villages. Writ Petition No. 9218 of 2021: Seeks transfer of services of teachers in 11 villages to Pune MC, challenging the July 2019 GR. 6. Submissions on Behalf of Petitioners Mr. Bandiwadekar (Writ Petition No. 6778 of 2023) Teachers should be transferred to MC as per July 1999 GR. July 2019 GR does not supersede the July 1999 GR. Mr. Godbole (Writ Petition No. 9218 of 2021) Statutory provisions under MMC Act transfer ZP teachers to MCs without the July 2019 GR. Cites court decisions affirming this view. Mr. Gavare Patil (Writ Petition No. 1552 of 2022) July 1999 GR mandates transfer of ZP teachers to MCs. State has unnecessarily complicated the issue. 7. Conclusion Petitioners' Demand: Immediate absorption into MCs as per earlier GRs and statutory provisions, challenging the restrictive nature of the July 2019 GR. 8. Analysis, Reasons, and Conclusion Different Prayers in Petitions: Varied challenges to the GR and related actions. Methodology in Impugned GR: GR provides methodology for transferring ZP teachers, including obtaining consent and preparing seniority lists. Reasonableness and Proportionality: GR is equitable, balancing interests of all stakeholders, and reasonable. 9. Judgment Transition and Vested Rights: No vested right for ZP teachers to be absorbed in the municipal corporation. Executive Powers of the State: State’s executive power to issue such GRs is affirmed. Previous Judgments and GRs: No conflict between the 2019 GR and previous GRs or judgments. Retrospective Application: The 2019 GR is not retrospective and does not affect already completed transfers. Conclusion and Orders: Challenge to the GR of July 2019 is rejected. Zilla Parishads and Municipal Corporations to examine cases of petitioners within four weeks. Request for continuation of interim order is refused as petitioners do not have vested rights.
Issue of Consideration: Maruti Anantrao Hingane And 10 Ors. Versus The State Of Maharashtra And 3 Ors.
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