Prashant Sanjeev Sude vs The State Of Maharashtra And ...
2021 Latest Caselaw 3390 Bom

                                       1                      936-WP-3311-2021.odt



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD


                      936 WRIT PETITION NO.3311 OF 2021

                         PRASHANT SANJEEV SUDE
                                  VERSUS
                THE STATE OF MAHARASHTRA AND OTHERS
                                      ...
                   Advocate for Petitioner : Mr. D. S. Mali
                AGP for Respondents/State: Mr. K. N. Lokhande
                                        ...

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

DATE : 23.02.2021

P.C. :

. The proposal seeking approval to the transfer of the petitioner

from unaided post to aided post is rejected on two counts;

(i) Circular dated 28.06.2016.

(ii) Government Resolution dated 4.5.2020 prohibiting transfers because of Covid-19 pandemic.

2. We have heard the learned counsel for the petitioner and

learned A.G.P. for respondent Nos.1, 2 and 3.

3. As far as the Circular dated 28.06.2016 is concerned, this Court

in its judgment dated 04.07.2019 delivered in Writ Petition No.1493

of 2018 with connected writ petitions, has held that some of the

clauses of Circular dated 28.06.2016 do not apply.

2 936-WP-3311-2021.odt

4. The Government Resolution prohibiting transfers was

issued on 4.05.2020 and the petitioners are transferred from unaided

post to aided post prior to the issuance of the said Government

Resolution.

5. In light of the above, both the grounds for rejecting the

proposal are not tenable.

6. The impugned order is quashed and set aside. The

Education Officer shall decide the proposal seeking approval to the

transfer of the petitioner from unaided post to aided post afresh in

tune with the judgment dated 04.07.2019 in writ petition No.1493 of

2018 with connected writ petitions. The same shall be decided

expeditiously and preferably within a period of six months. Writ

petition is disposed of. No costs.

(SHRIKANT D. KULKARNI, J.) (S. V. GANGAPURWALA, J.)

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