Document Fragment View
Fragment Information
Showing contexts for: ashram school code in Smt.Manisha Bhimraj Patil vs The State Of Maharashtra on 22 October, 2013Matching Fragments
9. Respondents No.1 to 4 submitted affidavit in reply and purported to contend that the petitioners were temporarily absorbed in Primary Ashram Schools, nearby the closed Ashram School and relied on, for said purpose on clause No.7 appearing in the orders issued to stress that petitioners' absorptions are for temporary period. It is further contended that Government Resolution dated 02-01-2012 has been issued so that all the employees of the closed down Ashram School shall be absorbed by the transferee school, which is a stipulation according to the policy laid down under Government Resolution dated 01-08-2007. The respondents contend that the reliance placed on the Secondary School Code, of Tribal Development Department, is misplaced as the same would not hold good for Ashram Schools run by the Social Welfare Department. The respondents have contended that six employees of the closed Ashram School have already joined services at the transferee school and were being paid salary accordingly. The schools wherein the petitioners were temporarily absorbed have refused to take care of salary of the petitioners after 19-04-2012. The respondent purports to stiffly object to the request and conduct of the petitioners seeking payment without working at the transferred place.
13. We find that the State was not empowered to transfer the ashram school at village Kayar in Yavatmal district to village Jebapur in Dhule district, specially when the two districts are located in different regions of the State of Maharashtra. The State of Maharashtra could not have granted permission to the respondent no.3 to run the ashram school at village Jebapur, in place of the ashram school, which was being run since the year 1999 in village Kayar in Yavatmal district. The transfer of the ashram school has been effected by the respondent no.1 by giving a total go bye to the provisions of the Ashram School Code. We find from the communications placed on record that the impugned Government Resolution dated 29.08.2009 was issued by the respondent no.1 in view of political pressure. The State has acted in this case at an electrifying speed so as to grant the ashram school at Kayar in favour of the respondent no.3-Trust, to be run and administered at village Jebapur in Dhule district.