Naweed Anjum Noorulhodu And ORS. v. State Of Maharashtra, Through Secretary And ORS.

suresh 913-WP-549.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.549 OF 2018 Naweed Anjum Noorulhodu & Others .... Petitioners Vs.

State of Maharashtra & Others .... Respondents Mr. Kalpesh U. Patil for the Petitioners.

Mr. S.B. Kalel, AGP, for Respondent Nos.1 to 3. Mr. A.R. Kapadnis for Respondent Nos.4 to 6.

Mr. Priyadarshan Kamble, Under Secretary, Rural Development Department, present.

CORAM: S.C. DHARMADHIKARI & M.S. KARNIK, JJ.

DATE : FEBRUARY 28, 2019 P.C:

1.

This writ petition is by certain teachers who claim that they are ready and willing to be part and parcel of the municipal administration but their names are not included in the list of transferred teachers.

2.

We do not think that anybody possesses, as a Zilla Parishad employee or a school teacher, an absolute right so that

suresh 913-WP-549.2018.doc if the school, together with the village, vests in the Municipal Corporation, this gentleman/lady must necessarily be absorbed in the municipal service. A policy decision has been taken and by which option forms were circulated. Based on the choice as indicated in the option form, the teachers, who filled in their choices and preferences before the cut-off date, were included in the list of transferred teachers. We do not know for what reason the petitioners could not be included, but surely no writ can be issued so as to include them. All the more, when their employment and job is not under threat at all. If they are not included in the list, they will continue as Zilla Parishad employees and will have to work in some other Zilla Parishad school. There is absolutely no loss or prejudice caused to them. Their petition is totally misconceived and is dismissed. No costs. (M.S. KARNIK, J.) (S.C. DHARMADHIKARI, J.)