Bombay High Court
Shaikhnabi Mustafa Jabbar vs The State Of Maharashtra And ... on 9 August, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
1 53-WP-8567-21,66,107.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
53 WRIT PETITION NO.8567 OF 2021
SATISH DATTATRAYA DHONDGE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. Kalyan V. Patil
AGP for Respondents-State : Mr. S. B. Pulkundwar
...
AND
66 WRIT PETITION NO.8580 OF 2021
SUBHASH VITHALRAO WAGHMARE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. Kalyan V. Patil
AGP for Respondents-State : Mr. S. B. Pulkundwar
...
AND
107 WRIT PETITION NO.8621 OF 2021
SHAIKHNABI MUSTAFA JABBAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. Kalyan V. Patil
AGP for Respondents-State : Mr. S. K. Tambe
...
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 53-WP-8567-21,66,107.odt
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 order, approval order on aided basis,
transfer from unaided to aided post, total service on unaided basis, etc.,
is as under -
No. Name of Date of Date of Transfer Total Service on Date of 20%
Petitioners / Appointment approval from unaided basis Approval granted
Employees order order on unaided to by
unaided basis aided
1 Satish 12-08-2003 1st 08-07-2008 02.07.2019 16 years 26-02-2020 wef
Dattatraya 15-08-2005 2nd wef 2004-05 from 03-07-2019
Dhongde 20.06.2011 unaided to by Deputy
wef 2006-07 aided Director of
Education, Latur
2 Subhash 12-08-2003 1st 15.07.2008 01-03-2019 16 years 26-02-2020 wef
Vitthalrao 15-08-2008 2nd 1st wef from 03-07-2019
Waghmare 15.06.2004 unaided to by Deputy
03-07-2015 aided Director of
2 wef
nd
Education, Latur
16-06-2017
3 Shaikh 12-06-2006 1st 07-03-2012 02-07-2019 13 years 26-02-2020 wef
Nabimustafa 14-06-2008 2nd 1st wef from 03-07-2019
Jabbar 01-07-2006 unaided to by Deputy
09-07-2017 aided Director of
2 wef
nd
Education, Latur
01-07-2018
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.
3 53-WP-8567-21,66,107.odt
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,
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 more than 13 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.
4 53-WP-8567-21,66,107.odt
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
