1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2590 OF 2007 Akhatari Begum Mohd. Yakub, Age : 41 Years, Occu. : Service as Assistant Teacher, R/o Nai Abadi, Nanded, Dist. Nanded. .. .. PETITIONER Versus 1. The State of Maharashtra. 2. The Director of Education, Maharashtra State, Pune. 3. The Deputy Director of Education, Latur Region, Latur. 4. The Education Officer (Primary), Zilla Parishad, Nanded. 5. The Secretary, Baitul Uloom Education Society, Nai Abadi, Nanded, Dist. Nanded. .. .. RESPONDENTS Shri M. P. Tripathi, Advocate h/f Shri N. S. Kadam, Advocate for the Petitioner. Shri. P. P. More, A.G.P. for the Respondents No. 1 to 3. Shri V. S. Panpatte, Advocate for the Respondent No. 4. The Respondent No. 5. served. 2 CORAM : A. P. DESHPANDE & N. D. DESHPANDE, JJ. DATE : 27TH JANUARY, 2010. ORAL JUDGMENT [ PER A. P. DESHPANDE, J. ] : 1. Rule. Rule made returnable forthwith. Taken up for final hearing with consent of parties. 2. Heard. 3. It is the case of the petitioner that being eligible and qualified candidate for being appointed as an assistant teacher she came to be appointed with effect from 11th June, 1990 in a school administered and managed by the respondent No. 5/Society. In the year 2003-2004 there occasioned reduction of strength of students and many teachers were rendered surplus and excess. The petitioner is one of such teachers who came to be rendered surplus on account of reduction of strength of students. The petitioner is working in Urdu medium school. The order declaring the petitioner as excess was suspended by the Deputy Director of Education and hence the petitioner continued in the school administered by respondent No. 5. However, when vacancies were available in Dhule Region, particularly in Municipal Corporation Schools at Malegaon, the petitioner was directed to be absorbed in one of the said vacancies. The order of absorption is placed on record page No. 39. The petitioners name appear at Sr. No. 22 in the order of absorption issued by Education Officer, however instead of joining the duty at 3 the absorbed place, the petitioner chose to file this petition and this Court by an order dated 30th April, 2007 having granted status-quo, the petitioner continued to work in a school administered by respondent No. 5 though there is no available work load for the petitioner. 4. It is the case of the petitioner that the petitioner being an employee working in Latur Region cannot be absorbed in Dhule Region. It is next submitted that as the petitioner's husband is working as a police constable at Nanded, the petitioner need to be retained in Latur Region nearby Nanded. 5. Perusal of Rule 26 of the Maharashtra Employees of Private Schools Rules, 1981, would reveal that a mechanism is built in the said Rule with a view to afford protection to the teachers, in the event they are rendered surplus and there is need to retrench them on account of abolition of posts. Sub Rule 3 categorically lay down that in case any employee refuses to accept alternate employment offered to him, he shall loose his claim for absorption and the management of the school shall be allowed to retrench such employee after serving requisite notice of three months. Thus, the right of absorption is not absolute. There is nothing in Rule 26 to suggest that a person from one region cannot be absorbed in some other region. Thus the insistence of the petitioner that she need to be absorbed in Latur Region has no legal support. 6. It is understandable that as far as possible a person from one region need to be absorbed in the same region, having regard to 4 the convenience. However, no employee has legal right to insist for absorbtion in the given region, more so in the absence of availability of vacancy in the region wherein he is rendered surplus. An excess teacher cannot be continued in a school when there is no work load available. Being of the view that there is no legal right in the petitioner to insist for absorption in Latur Region, there is no merit in this petition. However, having regard to the policy of the State Government to accommodate husband and wife at same place, as far as possible, we permit the petitioner to make a appropriate representation to the Deputy Director Education, Latur Region and Education Officer Nanded to consider petitioner's request for her reposting in the Latur region. We make it clear that in the event and if it is feasible and possible to consider the representation to be moved by the petitioner for her re-transfer to Latur Region, the authority shall consider the request sympathetically. Learned counsel for the petitioner assures this Court that the petitioner would join at the place of absorption i. e. Malegaon Municipal Corporation School within two weeks. The respondent No. 5 shall relieve the petitioner with effect from 15th February, 2010. In the result the petition stands disposed of with liberty as prayed for. [ N. D. DESHPANDE, J.] [ A. P. DESHPANDE, J.] bsb/Jan. 2010