Bombay High Court
Rohini Ravikant Khandade And ... vs The State Of Maharashtra And ... on 9 February, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
929 WRIT PETITION NO.2535 OF 2021
ROHINI RAVIKANT KHANDADE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioners: Mr. Rudrawar S. G.
AGP for Respondents/State: Mr. S. K. Tambe
...
CORAM: S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATE: 09th FEBRUARY, 2021
PER COURT:
1. The petitioners were appointed on unaided
post as Assistant Teachers on 20.06.2017. Their
services on unaided post as Assistant Teachers
were approved. The petitioners on or about
02.04.2018 and 05.03.2020 were transferred to the
aided post. Under the impugned orders, the Deputy
Director of Education has granted approval to the
services of the petitioners on the aided posts,
however, as Shikshan Sevak and not as an Assistant
Teachers.
2. Mr. Rudrawar, learned Counsel for the
petitioners relied on the judgment of Division
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Bench of this Court in Writ Petition No. 1493 of
2018 with connected matters, dated 04.07.2019 to
submit that, clauses of the Government Resolution
dated 28.06.2016 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 the learned A.G.P. for
respondent - State.
4. As the petitioners have already worked on the
unaided post for the period of 1 to 2 years and
more and their services are approved, while
granting approval to the transfer of the
petitioners from unaided to aided post, the Deputy
Director of Education was required to grant
approval to them considering services rendered 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 04.07.2019.
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5. The impugned orders 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 petitioners on aided post
considering the period the petitioner had already
served on unaided post. On completion of period of
three years of services, the petitioners services
shall be approved as Assistant Teachers. The
petitioners, it appears, are appointed on
20.06.2017 and are transferred to the aided post
on 02.04.2018 and 05.03.2020 after having worked
for a period of about one year and two and half
year respectively on unaided post prior to the
transfer on the aided post. The petitioners
services will have to be approved as Shikshan
Sevaks for the remainder of the service to
complete 3 years from initial date of appointment
on unaided post and thereafter as Assistant
Teachers.
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
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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, J.] [S. V. GANGAPURWALA, J.]
marathe
