Bombay High Court
Rekha Rajesh Mahale And Others vs The State Of Maharashtra Thr Its ... on 9 August, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
1 51-WP-8565-21,68,91,114.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
51 WRIT PETITION NO.8565 OF 2021
SHARDA TRYAMBAK UMBARKAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. Ramesh I. Wakade
AGP for Respondents-State : Mr. S. B. Pulkundwar
...
AND
68 WRIT PETITION NO.8582 OF 2021
REKHA RAJESH MAHALE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND
OTHERS
...
Advocate for Petitioners : Mr. Ramesh I. Wakade
AGP for Respondents-State : Mr. S. K. Tambe
...
AND
91 WRIT PETITION NO.8605 OF 2021
GAJANAN RAMESH KANKHARE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. Ramesh I. Wakade
AGP for Respondents-State : Mr. S. B. Pulkundwar
...
AND
114 WRIT PETITION NO.8628 OF 2021
TUSHAR CHHABU PATIL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. Ramesh I. Wakade
AGP for Respondents-State : Mr. S. B. Pulkundwar
...
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2 51-WP-8565-21,68,91,114.odt
CORAM : S. V. GANGAPURWALA AND
R. N. LADDHA, JJ.
DATE : 09th AUGUST, 2021
PER COURT :-
1. The transfers of the petitioners from unaided posts to aided
posts have been approved by the Deputy Director of Education /
Education Officer (Secondary), but the same have been approved as
Shikshan Sevaks from the date of transfers on aided posts.
2. The grievance of Mr. Wakade, the learned counsel for
petitioners is that, the services rendered on unaided posts are required
to be considered by the Deputy Director of Education / Education
Officer (Secondary). The chart giving the details in respect of name of
petitioners, date of appointment, approval as Assistant Teachers on
unaided post, transfer from unaided to aided post and approval as
"Shikshan Sevak" on aided basis, etc., is as under -
Nos. Name and Qualification of Date of How many Transfer Approval as
Petitioners/Employees Appointment and years date w.e.f. "Shiksan
Approval of worked on unaided to Sevak" on
"Assistant unaided aided aided basis
Teachers" on basis w.e.f.
unaided basis
w.e.f.
1 Sharda Tryambak 01-07-2014 Vide 4 Years 01-05-2019 01-05-2019
Umbarkar (MA, B.Ed.) approval order 10 Month vide approval
dated 27-08-2014 dated
24-05-2019
Page No.20
2 Gajanan Ramesh Kankhare 06-08-2014 Vide 2 Years 01-04-2019 01-04-2019
(BA, B.Ed.) approval order 7 Month vide approval
dated 27-08-2014 26 days dated
9/10-04-2019
Page No.20
3 51-WP-8565-21,68,91,114.odt
3 Tushar s/o. Chhabu Patil 01-01-2010 Vide 4 Years 5 01-01-2018 01-01-2018
(MA, B.Ed.) approval order Months and vide approval
dated 14-05-2012 15 Days dated 18-01-
(Part-Time) (Part-Time) 2019
Page No.15
16-06-2014 Vide 3 Years 6 Page No.27
approval orer months and
dated 3-12-2017 14 days
(Full-time)
Page No.24
4 Smt. Rekha Rajesh Mahale 15-06-2013 4 Years 01-04-2018 01-04-2018
(HSC, D.Ed.) (5200-20200) 9 Month Vide order vide approval
Vide approval 15 days dated dated
order dated 27-10-2018 26-11-2018
Smt. Punam Suresh 15-06-2013 4 Years 01-04-2018 01-04-2018
Shirode (5200-20200) 9 Month Vide order vide approval
(HSC, D.Ed.) Vide approval 15 days dated dated
order dated 27-10-2018 26-11-2018
Shri. Girish Ashok Wagh 15-06-2013 4 Years 01-04-2018 01-04-2018
(HSC, D.Ed.) (5200-20200) 9 Month Vide order vide approval
Vide approval 15 days dated dated
order dated 27-10-2018 26-11-2018
3. The learned Additional Government Pleader for
respondents-State relies on the circular dated 28-06-2016 to contend
that, approvals can only be granted as Shikshan Sevaks from the date of
transfers on aided posts.
4. Said issue is no longer res-integra in view of the Judgment
of this Court, in Writ Petition No. 1493 of 2018 with other connected
writ petitions decided under order dated 04 th July, 2019. It has been
considered by us that the services rendered on unaided posts will have
to be considered while granting approval. If the petitioners have
rendered services on unaided posts before their transfers on aided post,
4 51-WP-8565-21,68,91,114.odt
then the approvals have to be granted considering the services rendered
on unaided posts.
5. In the present cases, the petitioners are transferred on
rendering service on unaided posts for 2½ years to 4 years.
6. In the result, the impugned orders granting approvals to the
petitioners as Shikshan Sevaks from the date of transfers to the aided
posts are quashed and set aside to that extent only. The Deputy Director
of Education / Education Officer (Secondary) while granting the
approvals to the petitioners as Shikshan Sevaks on the aided posts, shall
consider the services rendered by the petitioners on unaided posts. To
illustrate, if, the petitioners have rendered services on unaided post for
two years and are transferred to aided posts, their services will be
approved as Shikshan Sevak for one year from the date of transfers and
thereafter as a Assistant Teacher. The Deputy Director of Education /
Education Officer (Secondary) shall consider all these proposals and
give approvals as directed above.
7. In view of the above, the writ petitions are partly allowed in
above terms and disposed of. No costs.
( R. N. LADDHA ) ( S.V. GANGAPURWALA )
JUDGE JUDGE
rrd
