Notably, Shinde was transferred by the Nanded Zilla Parishad education department to another Taluka on July, 3, 2021 to teach mathematics on the ground that there were several vacancies for the said subject in the tribal belt.
The authorities justified their decision stating that posts of teachers cannot be kept vacant in a tribal region. It reasoned that since there were multiple vacancies for mathematics, they had appointed persons based on seniority.
A senior teacher could be asked to teach any subject, it added.
The Court, however, said this was an unconscionable decision of the authorities.
“We are not only astonished by such submissions, but shocked by the wisdom of the Education Officer. We cannot countenance such stand, by which a person teaching English, is directed to teach mathematics, though his transfer order clearly indicates that he has been transferred on a vacant post of an English teacher at the Zilla Parishad High School. This, therefore, indicates a fraud played on the petitioner by the Education Department, Zilla Parishad, Nanded,” the bench held.
The bench, accordingly, quashed the transfer orders and directed the authorities to appoint Shinde at any school in Nanded before May 25, 2022 so as to enable him to join duty prior to starting of new academic year.
A further directive was issued to the authorities to pay the unpaid salaries to Shinde.
“Since we are specifically informed that the conduct of the Zilla Parishad is under the advise of the Chief Executive Office, Zilla Parishad, Nanded, we record our utmost displeasure and we direct the Divisional Commissioner, to issue an appropriate ‘strict warning’ memo to the said Chief Executive Officer and to enter the said warning in her service record,” the order said.