Smt. Sushma D/O Baliram Jawade v. The Director Of Maharashtra Prathmik Shikshan Parishad (Mpsc), Mumbai And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR NAGPUR BENCH : NAGPUR WRIT PETITION NO. 779/2025 WRIT PETITION NO. 779/2025 Sushma Baliram Jawade Sushma Baliram Jawade ..versus..
..versus..
Director of Maharashtra Prathmik Shikshan Parishad, Mumbai & others Director of Maharashtra Prathmik Shikshan Parishad, Mumbai & others ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Office Notes, Office Memoranda of Coram, Office Notes, Office Memoranda of Coram, Court's or Judge's orders Court's or Judge's orders appearances, Court's orders or directions appearances, Court's orders or directions and Registrar's orders and Registrar's orders ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Shri P.S. Sahare, Advocate for the Petitioner(s) Shri P.S. Sahare, Advocate for the Petitioner(s) Shri N.M. Kolhe, Advocate Shri N.M. Kolhe, Advocate for the Respondent No. 2 for the Respondent No. 2 Shri A.Y. Kapgate, Advocate for the Respondent No. 4 Shri A.Y. Kapgate, Advocate for the Respondent No. 4
CORAM
CORAM:-:- M.S. JAWALKAR & NANDESH S. DESHPANDE, JJ. M.S. JAWALKAR & NANDESH S. DESHPANDE, JJ.
JANUARY 08, JANUARY 08, .
Heard learned Counsel for the respective parties. (2) The Petitioner herein is seeking direction to the Respondents to transfer her from Jalgaon to Wardha District. Admittedly, the Petitioner was appointed as an English Teacher as a Resource Person/Expert in the year 2008 under the scheme of Sarva Shikshan Abhiyan. The said scheme was run through the Central Government as the Maharashtra Prathmik Shikshan Parishad. It is also placed on record that out of 98 posts, 48 posts were sanctioned in Wardha District and remaining 50 posts were allocated at Jalgaon. Accordingly, the Petitioner was absorbed in Jalgaon District on 27/06/2013 being surplus
at Wardha. The Petitioner made representation on 25/11/2022, as her daughter was suffering from a disease called Sickle-Cells Anemia. (3) Learned Counsel for the Petitioner drawn our attention to the Circular issued by the Education & Sports Department wherein a policy decision is taken by the Government for transfer of the employees working under the above-referred scheme. It is the contention of the Petitioner that there are vacancies in Wardha District, however, her Application for transfer was not considered.
(4) Learned Counsel for the Respondents submitted that in fact, there are no vacancies. Out of 8 vacancies for Wardha District, 2 vacancies are filled in for one block, and therefore, it is showing that one post is vacant at Karanja. As such, though the Petitioner is not having any right to be transferred, but her Application can be considered sympathetically by the Department.
(5) At this juncture, learned Counsel for the Petitioner submits that even if she is accommodated to the nearby District of Wardha, she is ready to join there. As such, the Petitioner to file Representation giving the position of vacant posts in the nearby District of Wardha and her willingness to join there. If such Representation is made by the Petitioner within a period of two weeks, the same shall be considered
and decided by the Respondents within a period of four weeks thereafter.
(6) With the above direction, the Writ Petition stands disposed of. Pending Application(s), if any, stand(s) disposed of. (NANDESH S. DESHPANDE NANDESH S. DESHPANDE, J.) , J.) (M.S. JAWALKAR, J.) (M.S. JAWALKAR, J.)