Bombay High Court
Prashant Rangrao Salunke vs The State Of Maharashtra Thr Its ... on 3 February, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
This Order is modified/corrected by Speaking to Minutes Order dated 18/03/2021
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 1916 OF 2021
Suraj Bhaskarrao Suryawanshi .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
WITH
WRIT PETITION NO. 1936 OF 2021
Ranjeet Ravindra Ingole .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
WITH
WRIT PETITION NO. 2180 OF 2021
Vikas Shrishailya Waghmode .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
WITH
WRIT PETITION NO. 2181 OF 2021
Ravikiran Kashinathrao Pawar .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
WITH
WRIT PETITION NO. 2182 OF 2021
Sujeet Rambhau Chikundre .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
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This Order is modified/corrected by Speaking to Minutes Order dated 18/03/2021
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WITH
WRIT PETITION NO. 2183 OF 2021
Sandip Nagnath Dudhbhate .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
WITH
WRIT PETITION NO. 2184 OF 2021
Balasaheb Vilasrao More .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
WITH
WRIT PETITION NO. 2185 OF 2021
Shankar Rajendra Misal .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
WITH
WRIT PETITION NO. 2186 OF 2021
Prashant Rangrao Salunke .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
WITH
WRIT PETITION NO. 2152 OF 2021
Rupesh Hariba Chavan .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Mr. Santosh S. Jadhavar, Advocate for the Petitioners in all matters.
Mrs. P. V. Diggikar, AGP for Respondents-State in all matters.
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This Order is modified/corrected by Speaking to Minutes Order dated 18/03/2021
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CORAM : S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATED : 03rd February, 2021.
PER COURT:-
. The petitioners in all these writ petitions were appointed on
unaided posts. After working for some time they were transferred to
aided posts. The approvals have been granted to the transfers of the
petitioners on the aided posts, but while granting approval the
Education Officer did not consider the services rendered by the
petitioners on unaided posts.
2. The petitioners' services are approved as Shikshan Sevaks from
the date of transfer to the aided posts. It appears that, the said order
was passed relying on the circular dated 28.06.2016.
3. While considering the cases of the petitioners for grant of
approval to the transfers of the petitioners on unaided posts, the
services rendered on unaided posts will also have to be considered. To
illustrate, if an employee has rendered two years of service on unaided
post and thereafter transferred, then the said person will have to work
as a Shikshan Sevak on the aided post for one year and if the employee
has worked for three years and more on unaided post before his
transfer to the aided post, then in that case, the transfer will have to be
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This Order is modified/corrected by Speaking to Minutes Order dated 18/03/2021
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as an Assistant Teacher and not as a Shikshan Sevak.
4. We have under our judgment dated 04.07.2019 in Writ Petition
No. 1493 of 2018 with connected matters held that some of the clauses
of circular dated 28.06.2016 do not apply.
5. In the light of the above, the impugned orders to the extent of
granting approval to the appointments of the petitioners as Shikshan
Sevaks from the date of their transfer to the aided posts are set aside.
The Education Officer shall consider the services rendered by the
petitioners on unaided post and thereafter grant approval as observed
above. The same shall be done expeditiously and preferably within a
period of four (04) months from today.
6. Writ petitions are disposed of. No costs.
( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA )
JUDGE JUDGE
P.S.B.
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