Dinesh Diliprao Bargaje vs The State Of Maharashtra And ...
2021 Latest Caselaw 10117 Bom

                                   1                                wp 8243.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

                78 WRIT PETITION NO.8243 OF 2021

                  DINESH DILIPRAO BARGAJE
                            VERSUS
            THE STATE OF MAHARASHTRA AND OTHERS
                             ...
        Advocate for Petitioner: Dr. Godbole R. J.
              AGP for Respondents No. 1 to 3:
                    Mrs. M. A. Deshpande
             Advocate for Respondents No. 4&5:
                   Mr. Shantanu Deshpande
                             ...

                               CORAM: S. V. GANGAPURWALA &
                                      R. N. LADDHA, JJ.

                               DATE:    02nd AUGUST, 2021

 PER COURT:

1. We have heard Mr. Godbole, learned Counsel

for the petitioner.

2. The learned A.G.P. accepts notice for the

respondents no. 1 to 3 and supports the order

passed by the Education Officer.

3. It appears from the record that the

petitioner was appointed on 08.01.2015 as an

Assistant Teacher on unaided post. The appointment

of the petitioner on unaided post is approved by

2 wp 8243.2021

the Education Officer under it's order dated

11.02.2021. The petitioner is transferred to the

aided post on 13.06.2019. The proposal seeking

approval to the transfer on the aided post is

rejected basically on the basis of Circular dated

28.06.2016, stating that there are surplus

teachers available in the District.

4. This Court under it's judgment and order

dated 04.07.2019 in Writ Petition No. 1493 of 2018

with connected writ petitions had observed that

some of the clauses of Circular dated 28.06.2016

are erroneous. The management under Rule 41 of the

Maharashtra Employees of Private Schools

(Conditions of Service) Rules, 1981 has got power

to transfer an employee from unaided to aided

post.

5. In light of that, the impugned order is

quashed and set aside. The Education Officer shall

re-consider the proposal seeking approval to the

transfer of the petitioner from unaided to aided

post in light of the judgment and order of this

3 wp 8243.2021

Court dated 04.07.2019 in Writ Petition No. 1493

of 2018 with connected writ petitions. The said

proposal shall not be rejected on the ground on

which the impugned order is passed. The proposal

shall be decided expeditiously and preferably

within a period of four (04) months.

6. Writ Petition is accordingly disposed of. No

costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]

marathe