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High Court Bombay High Court

"Teachers' Transfer Dilemma: "Petitioners challenge the 2019 Government Resolution, seeking clarity on transfer and absorption rights as urban boundaries expand."

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Summary of Judgement

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.

Case Title: Maruti Anantrao Hingane And 10 Ors. Versus The State Of Maharashtra And 3 Ors.

Citation: 2024 LawText (BOM) (6) 141

Case Number: WRIT PETITION NO. 9218 OF 2021 WRIT PETITION NO. 1468 OF 2022 WRIT PETITION NO. 1552 OF 2022 WRIT PETITION NO. 1582 OF 2022 WRIT PETITION (ST) NO. 12787 OF 2017 WRIT PETITION (ST) NO. 12791 OF 2017 WITH CIVIL APPLICATION NO. 1168 OF 2018 IN WRIT PETITION (ST) NO. 12791 OF 2017 WITH CIVIL APPLICATION NO. 1352 OF 2018 IN WRIT PETITION (ST) NO. 12791 OF 2017 WITH WRIT PETITION (ST) NO. 14247 OF 2017 WITH WRIT PETITION NO. 6778 OF 2023 WITH WRIT PETITION NO. 9189 OF 2022 WITH INTERIM APPLICATION NO. 3679 OF 2023 IN WRIT PETITION NO. 9189 OF 2022 WITH WRIT PETITION NO. 10776 OF 2022 WITH WRIT PETITION NO. 2531 OF 2021 WITH CIVIL APPLICATION NO. 1464 OF 2019 IN WRIT PETITION NO. 2531 OF 2021 WITH CIVIL APPLICATION NO. 1410 OF 2019 IN CIVIL APPLICATION NO. 1166 OF 2018 IN WRIT PETITION NO. 2531 OF 2021 WITH WRIT PETITION NO. 2532 OF 2021 WITH CIVIL APPLICATION (ST.) NO. 14676 OF 2019 IN WRIT PETITION NO. 2532 OF 2021 WITH CIVIL APPLICATION NO. 1842 OF 2019 IN WRIT PETITION NO. 2532 OF 2021 WITH WRIT PETITION NO. 7741 OF 2021 WITH CIVIL APPLICATION NO. 1991 OF 2019 IN WRIT PETITION NO. 7741 OF 2021 WITH CIVIL APPLICATION NO. 1992 OF 2019 IN WRIT PETITION NO. 7741 OF 2021 WITH WRIT PETITION (ST) NO. 24153 OF 2022 WITH WRIT PETITION NO. 9219 OF 2021 WITH INTERIM APPLICATION NO. 1904 OF 2024 IN WRIT PETITION NO. 9219 OF 2021 WITH WRIT PETITION NO. 6971 OF 2019 WITH WRIT PETITION (ST) NO. 12789 OF 2017 WITH CIVIL APPLICATION NO. 1167 OF 2018 IN WRIT PETITION (ST) NO. 12789 OF 2017 WITH CIVIL APPLICATION NO. 1353 OF 2018 IN WRIT PETITION (ST) NO. 12789 OF 2017 WITH WRIT PETITION (ST) NO. 14246 OF 2017 WITH WRIT PETITION (ST) NO. 17854 OF 2017

Advocate(s): Mr. G. S. Godbole, Senior Advocate a/w Mr. Parag Tilak, Ketki Gadkari for Petitioners in WP/9218/2021, WP/9219/2021 & WP(ST)/24153/2022. Mr. Vijay Latange i/b Vivek Rane for Petitioners in WP/1468/2022. Mr. Nitin Gaware-Patil a/w Abhishek Nagode for Petitioners in WP/1552/2022 & WP/1582/2022. Mr.Sugandh Deshmukh i/b Mr. Rajaram Deshmukh for Petitioners in WP/9189/2022 & WP/10776/2022. Mr. S. S. Pakale, Senior Advocate a/w Saurabhi Pakale, Mr. Nilesh Desai, Ms. Padmaja Malgaonkar i/b Mr. S.M.Katkar for Petitioners in WP/2531/2021, WP/2532/2021, WP/6971/2019, WP/7741/2021 & WP(ST)/17854/2017, WP(ST)/14247/2017, WP(ST)/12787/2017, WP(ST)/14246/2017 and WP(ST)/12789/2017, WP(ST)/12791/2017. Mr. Nitin Deshpande fo Respondent No. 3 in WP(ST)/ 14246/2017, WP(ST)/ 12780/2017 and WP(ST)/ 17854/2017. Mr. Vishwanath Patil a/w Nidhi Chavan a/w Santanu Katkar for Respondent Municipal Corporation in WP (ST)/ 14246/2017, WP(ST)/ 12787/2017, WP(ST)/12791/2017, WP(ST)/ 22564/2017 AND WP/2531/2021. Mr. Ashutosh Gavnekar i/b Mr. C.G. Gavnekar for Respondent Nos. 5 to 7 in WP(ST)/ 17854/2017. Mr. Sarang Aradhye for Respondent Nos. 8 & 9 in WP(ST)/ 17854/2017. Mr. Narendra Bandiwadekar, Senior Advocate a/w Mr. Aniket S. Phapale , Sagar Mane, Vinayak Kumbhar, Rajendra Khaire i/b Ms. Ashwini N. Bandiwadekar for Petitioner in WP/6778/2023. Mr. R.V. Dighe i/b A.S. Rao for Respondent (KDMC). Mr. Ashwin R. Kapadnis for Z.P Pune in all Matters. Ms. Sonali Jadhav i/b Shankar P. Thorat for Respondent No. 5 & 6 (Z.P Thane) in WP/2532/2021 & WP/7741/2021. Ms Manisha Jagtap for Pune MC. Ms. Savita Thorat a/w G B Walawalkar, Mr. Sandeep D. Shinde i/b Shankar P Thorat for Respondent Nos. 9 & 10 (Z.P Thane) in WP/6971/2019. Mr. B. V. Samant, Addl. GP a/w Ms. Tejas J. Kapre, AGP for State Respondent.

Date of Decision: 2024-06-14