Bombay High Court
Shaikh Shagufta Bashir vs The State Of Maharashta And ... on 15 January, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
987-wp-692-21
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 692 OF 2021
Shaikh Shagufta Bashir ... Petitioner.
Versus
The State of Maharashtra
and another ... Respondents.
....
Mr. Sayed Azizoddin, Advocate for the Petitioner.
Mr. S.K. Tambe, A.G.P. for all Respondents.
....
CORAM : S.V. GANGAPURWALA AND
SHRIKANT D. KULKARNI, JJ.
DATE : 15th JANUARY, 2021
PER COURT:-
1. The transfer of the petitioner from unaided posts to aided post
have been approved by the Education Officer, but the same have been
approved as Shikshan Sevak from the date of transfers on aided post.
2. The grievance of the learned counsel for petitioner is that, the
services rendered on unaided post are required to be considered by
the Education Officer.
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3. The learned Government Pleader for respondents/State relies
on the circular dated 28.06.2016 to contend that, approval can only
be granted as Shikshan Sevak from the date of transfers on aided
post.
4. Said issue is no longer res-integra in view of the judgment of
this Court in Writ Petition No.1493 of 2018 with other connected writ
petitions decided under order dated 04th July, 2019. It has been
considered by us that the services rendered on unaided posts will
have to be considered while granting approval. If the petitioners have
rendered services on unaided posts before their transfers on aided
post, then the approvals have to be granted considering the services
rendered on unaided posts.
5. In the present case, the petitioner is transferred on rendering
two to three years services on unaided posts. Naturally, she will have
to complete three years and while computing the three years as
Shikshan Sevak, service rendered on unaided posts will also have to
be computed.
6. In the result, the impugned order granting approval to the
petitioner as Shikshan Sevak from the date of transfer to the aided
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post is quashed and set aside to that extent only. The Education
Officer while granting the approval to the petitioner as Shikshan
Sevak on the aided posts, shall consider the services rendered by the
petitioner on unaided posts. To illustrate, if, the petitioner has
rendered services on unaided post for two years and are transferred
to aided posts, her services will be approved as Shikshan Sevak for
one year from the date of transfer and thereafter as a Assistant
Teachers. The Education Officer shall consider the proposal and give
approval as directed above.
7. In view of the above, the writ petitions are partly allowed in
above terms. No costs.
( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA )
JUDGE JUDGE
S.P. Rane
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