Chandrakant Uddhavrao Shelke vs The State Of Maharashtra And ...
2021 Latest Caselaw 2337 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                        WRIT PETITION NO. 2285 OF 2021

 Chandrakant S/o Uddhavrao Shelke                 ... Petitioner.

          Versus
 The State of Maharashtra
 and others                                       ... Respondents.
                                       ....
 Mr. I.D. Maniyar h/f Mr. V.S. Panpatte, Advocate for the Petitioner.
 Mr. S.R. Yadav Lonikar, A.G.P. for Respondent Nos.1 to 3.
                                       ....

                                CORAM : S.V. GANGAPURWALA AND
                                        SHRIKANT D. KULKARNI, JJ.

DATE : 04th FEBRUARY, 2021 PER COURT:-

1. The petitioner was appointed on unaided post as

Assistant Teacher on 15th July, 2016. His services on unaided post as

Assistant Teacher was approved. The petitioner on or about

16th July, 2018 was transferred to the aided post. Under the impugned

order, the Deputy Director of Education has granted approval to the

services of the petitioner on the aided post, however, as Shikshan

Sevak and not as an Assistant Teacher.

2. Mr. Maniyar, learned counsel for the petitioner relied on the

judgment of Division Bench of this Court in Writ Petition No. 1493 of

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2018 with connected matters, dated 04 th July, 2019 to submit that,

clause of the Government Resolution dated 28 th June, 2016 has been

interpreted by this Court and if the Assistant Teacher has worked on

unaided post for the period of three years or more, then his/her

services are required to be approved as Assistant Teacher on aided

post.

3. We have also heard learned A.G.P. for respondent - State.

4. As the petitioner has already worked on the unaided post for

the period of two years and his services were approved, while

granting approval to the transfer of the petitioner from unaided to

aided post, the Deputy Director of Education was required to grant

approval to him as Shikshan Sevak for one year i.e. till completion of

three years from his appointment on unaided post in the light of the

judgment of this Court in Writ Petition No. 1493 of 2018 with other

connected writ petitions, dated 04th July, 2019.

5. In view of above, the impugned order of the Deputy Director of

Education is modified to the extent that the Deputy Director of

Education shall grant approval to the transfer of the petitioner on

aided post as Shikshan Sevak for remainder period of three years

from initial date of appointment as Assistant Teacher on unaided post.

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6. We have passed this order in view of the fact that the Deputy

Director of Education has approved transfer of the petitioners on

aided post meaning thereby he has considered all other aspects of the

matter.

7. In view of the above, writ petition is allowed in above terms.

No costs.

 ( SHRIKANT D. KULKARNI )                    ( S.V. GANGAPURWALA )
         JUDGE                                        JUDGE


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