Anil Sambhajirao Gangane vs The State Of Maharashtra And ...
2021 Latest Caselaw 11680 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                         948 Writ Petition No.9282 Of 2021

Anil Sambhajirao Gangane                                     .. Petitioner
          Versus
The State Of Maharashtra and Others                          .. Respondents
                               ...

Dr. R.J. Godbole, Advocate for the Petitioner
Mr P.K. Lakhotiya, AGP for Respondent Nos.1 to 3
Mr S.A. Deshpande, Advocate for Respondent Nos.4 & 5
                                  ...

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

                                      DATE       :    24-08-2021

PER COURT : -

 1.       The petitioner claims to have been transferred from unaided to

 aided post with effect from 01-08-2019 i.e prior to the proposed

 amendment to Rule 41 of the Maharashtra Employees of Private

 Schools (Conditions of Service) Rules, 1981 (In short 'MEPS Rules').

 The proposal seeking approval to the same has been rejected on the

 basis of Circular dated 28-06-2016.



 2.       We have heard Mr Godbole, learned Advocate for the petitioner

 and learned AGP for respondent nos.1 to 3.



 3.       The learned Counsel for the petitioner submits that the

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 petitioner was appointed on unaided post on 08-01-2015. The

 appointment          on       unaided   post       was   approved         under       order

 dated 12-01-2017. The petitioner is transferred to the aided post on

 01-08-2019 upon retirement of one of the employee.



 4.       The proposal is basically rejected on the basis of Circular dated

 28-06-2016.



 5.       This Court under Judgment and order dated 04-07-2019 in

 Writ Petition No.1493 of 2018 with connected writ petition has

 observed that, some of the clauses of Circular dated 28-06-2016 are

 erroneous. The petitioner is also transferred before the amendment to

 Rule 41 of the MEPS Rules.



 6.       In light of above, we pass the following order.

                                         ORDER

(i) The impugned order is quashed and set aside.

(ii) The Education Officer shall reconsider the proposal seeking

approval to the transfer of the petitioner from unaided to aided post.

It certainly has to consider the seniority, roaster and qualification of

the petitioner. The petitioner having already worked for more than 5

years on the unaided post, the said aspect also needs to be

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considered.

(iii) The proposal shall be decided in tune with the Judgment dated

04-07-2019 in Writ Petition No.1493 of 2018, expeditiously and

preferably within four months.

7. Writ Petition is accordingly disposed of. No costs.

      [ R.N. LADDHA ]                         [ S. V. GANGAPURWALA ]
          JUDGE                                        JUDGE
                                      ...




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