Bombay High Court
Yuvraj Bhishmachary Shinde vs The State Of Maharashtra Thr Its ... on 21 August, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
1 922 WP.9116.2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
922 WRIT PETITION NO.9116 OF 2021
YUVRAJ BHISHMACHARY SHINDE
VERSUS
THE STATE OF MAHARASHTRA
THROUGH ITS PRINCIPAL SECRETARY AND OTHERS
...
Advocate for Petitioner : Mr. N. L. Jadhav, h/f Mr. V. S. Panpatte.
AGP for Respondent/State: Mr. P. K. Lakhotiya.
...
CORAM : S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATE : 21st August, 2021.
P.C.:
. The proposals seeking approval to the transfer of the
petitioner from unaided to aided is approved. However, as Shikshan
Sevak for three years.
2 We have heard Mr. Jadhav, learned counsel for petitioner
and the learned AGP.
3 Learned AGP accepts notice for respondent Nos.1 and 2.
4 The petitioner, it appears, is appointed on unaided post as
an assistant teacher on 1st July, 2016. The appointment of the
petitioner on unaided post is approved under the order dated 20 th
December, 2016 by the Deputy Director of Education.
2 922 WP.9116.2021.odt
5 The petitioner is transferred to the aided post on 1 st
January, 2019. The order granting approval is as Shikshan Sevak for
three years.
6 The said order is passed purportedly on the basis of
circular dated 28th June, 2016.
7 This Court in its judgment and order dated 4 th July, 2019 in
Writ Petition No.1493 of 2018 with connected writ petitions, observed
that some of the clauses of the circular dated 28 th June, 2016 are
erroneous.
8 The petitioner certainly will have to work for three years on
unaided post before being considered as assistant teacher on the
aided post. In the present case, the petitioner has not worked for three
years on the unaided post. The petitioner has worked on unaided post
for about 2 and ½ years. So, for 6/7 months, the petitioner will have to
be treated as Shikshan Sevak on aided post.
9 The Education Officer has to consider the services
rendered on unaided post and if the services on unaided post is less
than three years, then for the remainder period of three years after
transfer to the aided post he will work as a Shikshan Sevak and
3 922 WP.9116.2021.odt
thereafter, if the transfer is on 100% grant-in-aid post, the approval
shall be granted on 100% grant-in-aid after completion of three years.
10 In light of the above, the impugned order to the extent of
granting approval as a Shikshan Sevak for three years is set aside.
11 The Education Officer shall decide the said proposal with
regard to the period of Shikshan Sevak afresh in light of the
observations made above.
12 The same shall be decided preferably within four months.
13 The writ petition is disposed of. No costs.
[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ]
nga
