WP 6419/11 - 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6419 OF 2011 Sachin S/o Prabhakar Nibolkar Age 28 years, Occu.: Service i.e. Assistant Teacher, R/o Post Vadola (Phata) Jaipur, Taluka Sengaon, Dist. Hingoli ...Petitioner.. Versus 1] The State of Maharashtra. Through Secretary, Department of Social Welfare, Mantralaya, Mumbai - 32. 2] Divisional Social Welfare Officer, Latur Division, Latur 3] District Social Welfare Officer, Zilla Parishad, Hingoli 4] Secretary, Sarvadharma Shikshan Prasarak Mandal, Kendra (Bk.) Taluka Sengaon, Dist. Hingoli 5] Head Master, Shri Sharadchandra Pawar Niwasi Muk-Badhir Vidyalaya, Vadhona (Phata) Taluka Sengaon, District Hingoli ...Respondents... ..... Shri Sachin S. Deshmukh, Advocate for petitioner. Shri P.P. More, AGP for respondent-State Shri D.S. Mali, Advocate for respondent no.4 Shri S.B. Gastgar, Advocate for respondent no.5 ..... WP 6419/11 - 2 - CORAM: B.R. GAVAI & M.T. JOSHI, JJ. DATE: 21.11.2011 ORAL JUDGMENT (PER - GAVAI, J.) : 1] Heard learned counsel for the parties. Rule. Rule made returnable forthwith for final disposal with the consent of learned counsel for the parties. 2] Shri S.S. Deshmukh, learned counsel for the petitioner, submits that assuming the case of the petitioner that at Zari, permission has been granted to start new school and without giving up the claim of the petitioner that the school has not yet started, the transfer would result in putting the petitioner to a large disadvantageous position inasmuch as the school where the petitioner is presently working is a grant in aid school and the new school is a permanent non grant in aid school. He submits that insofar as the present school is concerned, the salary is paid by the State Government by depositing the salary in the bank account of the petitioner, whereas if the petitioner is transferred to a new school at Zari, he will be left at the whims of the management for payment of his salary. He submits that it is a common knowledge that in non-grant in aid schools, the salaries are not being paid to the teachers and if they are paid, only some meager amount is paid. 3] Shri D.S. Mali, the learned counsel appearing on behalf of the management, vehemently opposes grant of the prayers. He relies on the WP 6419/11 - 3 - judgment of the learned Single Judge of this Court in the case of President, Shri Saraswati Education Society, Akola & another V/s Vinayak Bhagwan Karodade and others reported in 2006 (5) Mh.L.J., 431. 4] Shri P.P. More, the learned AGP, submits that transfer from an aided school to unaided school is not permissible. He further submits that if a teacher in an aided school is declared as surplus, he has a right of absorption, whereas such a right is not available to a teacher in an unaided school. 5] Prima facie, we find that the conditions of service in an aided school would differ than the service conditions in an unaided school. It is a common knowledge that in order to avoid exploitation of the employees working in private schools, the State has now formulated a policy whereby the salaries of the teachers working in aided schools are directly deposited in their bank accounts. Not only this, but the teachers in aided school are also entitled to the other benefits like the pensionary benefits etc. As pointed out by the learned AGP, it is only an employee in the aided school, who would be entitled to absorption in case he is declared as surplus. All these advantages are not available to a teacher working in unaided school. 6] Insofar as the reliance on the judgment of the learned Single Judge is concerned, the issue before the learned Single Judge was otherwise termination. The learned Single Judge has, while allowing the petition, gone on a premise that an appeal u/s 9 of the Maharashtra Employees of Private Schools (Conditions of WP 6419/11 - 4 - Service) Regulation Act, was not tenable against an order of transfer and as such, had allowed the petition holding that entertaining the appeal by the Tribunal was not permissible. In any case, the judgment of the learned Single Judge does not bind us. 7] We have already given reasons hereinabove, which prima facie show as to how the service conditions of an employee in an aided school are different than the one in an unaided school and how the service conditions in an unaided school are disadvantageous as compared to the service conditions in the aided school. In that view of the matter, we find that the petitioner is entitled to the reliefs as prayed for in the petition. Writ Petition is therefore allowed in terms of prayer clause (A) and (B). 8] Needless to state that the respondent nos.2 & 3 shall pay the salary to the petitioner treating him to be in continuous service at Vadola (Phata). Rule made absolute in the aforesaid terms. No order as to costs. Sd/- Sd/- (M.T. JOSHI, J.) (B.R. GAVAI, J.) arp/spn