LLAS-16.04.2024-WRIT PETITION NO. 204 OF 2019
Grievance Redressal Committee to resolve disputes case law.
Judgement_Apr16,2024_WP.204-2019
Para No. 11
The Division Bench, following these decisions held that the proposal for transfer from aided to unaided section cannot be rejected on the ground that surplus teachers are to be absorbed. The Division bench held that the stand of education authorities that till the surplus teachers are absorbed, no approval should be granted for the transfer of the Assistant Teacher from an unaided school to an aided school of the same Institution runs contrary to the ratio laid down in the aforesaid Judgments of the High Court. One would expect that when the legal position is so clearly laid down, it would be followed by the authorities in the education department. Yet, again the Education Authorities in the impugned order in this petition refused to grant approval on the same ground of surplus contrary to the entire body of law as above, forcing the Petitioner to approach this Court. laid to be set aside by this court.
39. Accordingly, we dispose of the Writ Petitions as under and issue the following directions:
PART-I
i) Writ Petition No 204/2019: The impugned order dated 15 December 2018 rejecting the proposal for permission to transfer from unaided to aided division is quashed and set aside. The Respondent-Deputy Director of Education is directed to process the proposal submitted by the Respondent-Management and pass necessary orders within four weeks, keeping in mind the observations made in Part-II of the judgment.
ii) Writ Petition No. 10933/2022: Respondent No. 5-Education Officer (Secondary) Zilla Parishad, Ratnagiri, will decide the proposal submitted by the Respondent- Management as per the following methodology : Upon scrutiny of the proposal, the Education Officer will inform the Respondent-Management of all objections and shortfalls within four weeks, calling upon the Respondent-Management to submit an explanation. The Education Officer will pass a reasoned order upon written explanation so submitted by the Respondent-Management and the Petitioner, if any, keeping in mind the observations made in Part-II of the judgment. If any judicial pronouncement is cited in the explanation, the Education Officer shall be bound to consider the legal position and deal with the same in order to be passed. Any attempt made not to consider the judicial pronouncements would be viewed seriously.
iii) Writ Petition No. 155/2024:
The impugned order dated 22 September 2023 passed by Respondent No. 4-Education Officer refusing to grant the proposal submitted by the Management shall be treated as show cause notice. The Respondent-Management is permitted to submit an explanation to the said show cause notice within four weeks. It is also open to the Petitioner to submit a written explanation. The Education Officer will deal with the explanations so submitted and pass a reasoned order, keeping in mind the observations made in Part-II of the judgment. If any judicial pronouncement is cited in the explanation, the Education Officer shall be bound to consider the legal position and deal with the same in order to be passed. Any attempt made not to consider the judicial pronouncements would be viewed seriously.
iv) Writ Petition No. 1182/2024: The impugned order dated 14 July 2023 rejecting the proposal for permission to transfer from unaided to aided division is quashed and set aside. The Respondent-Deputy Director of Education is directed to process the proposal submitted by the Respondent-Management and pass necessary orders within four weeks, keeping in mind the observations made in Part-II of the judgment.
v) Writ Petition No. 1493/2024:
The impugned order dated 24 January 2024 passed by Respondent No. 2—Education Officer, Secondary, Zilla Parishad, Alibaug, Raigad, is quashed and set aside. Respondent No. 2-Education Officer is directed to process the proposal submitted by the Respondent-Management and pass necessary orders within four weeks, keeping in mind the observations made in Part-II of the judgment.
PART-II
A. (i) We direct that upon receipt of a proposal seeking approval, the Educational Authority, as per the methodology laid down in the Government Resolution dated 6 February 2012, will communicate the shortfalls/objections in the proposal submitted by the Management/Employer as the case may be calling for explanation giving them reasonable time. Upon receipt of such explanations, the Educational Authority will examine the explanation and pass a reasoned order.
(ii) If any judicial pronouncement is cited regarding the shortfalls/objections in the explanation, then in the reasoned order, the Educational Authority will specifically address the legal position laid down by the said judicial pronouncement.
(iii) It is emphasized that avoiding referring to and avoiding considering the legal position laid down in the judicial pronouncement would be viewed seriously and may result in action under the contempt jurisdiction of this Court.
(iv) The State Government will issue necessary instructions or government resolutions in furtherance of the Government Resolution dated 6 February 2012, incorporating the aforesaid directions to all Educational Authorities in the State within six weeks. We place the responsibility on the Director of Education, State of Maharashtra, for the issuance of such instructions.
B. (i) The State Government, within six weeks, will issue necessary instructions to the Educational Authorities whose orders are appealable as per the Government Resolution dated 27 March 2024 to incorporate in the order that the aggrieved party has the remedy of appeal to the appellate forum/grievance committee constituted under the Government Resolution dated 27 March 2024.
(ii) The State Government shall give adequate publicity to the constitution of the appellate forum/grievance committees through various modes as may be available. (iii) The State Government will issue necessary directions to the appellate forum/grievance committees within two weeks to finalize the internal procedure as contemplated under the Government Resolution dated 27 March 2024 within a period of six weeks thereafter.
(iv) We place emphasis on the Clause in the Government Resolution dated 27 March 2024 that the appellate forum/Grievance Committees will consider not only government policies, resolutions, circulars, and orders but also judicial decisions relating to the subject.
C. (i) We take note of the Government Resolution dated 28 February 2024 laying down the procedure for complying with the Court orders. The Educational Authorities will scrupulously follow the mandatory directions issued by the State Government regarding compliance with the Court orders.
(ii) It is directed that if any legal position concerning the tripartite relationship between the employees, Management and the State Government in respect of the subject matter is laid down by this Court and if the said legal position is accepted by the State Government, then within a reasonable time the State Government shall issue circular/notification/government resolution instructing the Educational Authorities in consonance with the legal position so laid down.
D. The above timelines will come into effect from the date the order is uploaded.
40. Rule in all the petitions is made absolute in the above terms. Writ petitions are disposed of.
41. We record our appreciation for the assistance rendered and suggestions made by the learned Advocate General, the Government
Pleaders and the Counsel appearing for the parties..
Grievance Redressal Committee to resolve disputes case law.
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