Sangameshwar Subhash Karanje vs The State Of Maharashtra And ...
2021 Latest Caselaw 2599 Bom

                                       1                                    wp 2572.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

               965 WRIT PETITION NO.2572 OF 2021

              SANGAMESHWAR SUBHASH KARANJE
                         VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS
                          ...
      Advocate for Petitioner: Mr. Rudrawar S. G.
    AGP for Respondents/State: Mrs. V. S. Chaudhari
                          ...

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

                               DATE:       09th FEBRUARY, 2021

 PER COURT:

1. The petitioner was appointed on unaided post

as Assistant Teacher on 11.08.2013. His services

on unaided post as Assistant Teacher were

approved. The petitioner on or about 01.07.2019

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. Rudrawar, learned Counsel for the

petitioner relied on the judgment of Division

Bench of this Court in Writ Petition No. 1493 of

2 wp 2572.2021

2018 with connected matters, dated 04.07.2019 to

submit that, clause 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 petitioner has already worked on the

unaided post for the period of three years and

more 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 Assistant Teacher and not as

Shikshan Sevak 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.

3 wp 2572.2021

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 Assistant Teacher.

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

that the Deputy Director of Education has approved

transfer of the petitioner 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, J.] [S. V. GANGAPURWALA, J.]

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