Sneha Ranjit Lomte vs The State Of Maharashtra And ...
2021 Latest Caselaw 1128 Bom

                                      1             46-wp 792-2021.odt



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                           WRIT PETITION NO. 792 OF 2021

 Smt. Sneha Ranjit Lomte                                         .. Petitioner

          Versus

 The State of Maharashtra and others                             .. Respondents

 Mr. A. A. Nimbalkar, Advocate h/f Mr. S. V. Deshmukh, Advocate for the
 Petitioner.
 Mr. A. R. Kale, AGP for Respondent No. 1.
 Mr. P. D.Suryawanshi, Advocate for Respondent No. 2.

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

                                DATED :    18th JANUARY, 2021.

 PER COURT:-

 .        The proposal seeking approval to the transfer of the petitioner

from unaided post to aided post is rejected. The same is rejected

basically on the basis of Circular dated 28th June, 2016.

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

A.G.P. for respondent No. 1.

3. This Court, under its judgment and order dated 04 th July, 2019

delivered in Writ Petition No. 1493 of 2018 with connected writ

petitions, has held that some of the clauses of Circular dated 28 th June,

2016 do not apply. It appears that the said judgment has not been

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considered by the authority while passing the impugned order.

4. In the light of above, the impugned order is quashed and set

aside.

5. 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 th July, 2019 delivered by this Court

in Writ Petition No. 1493 of 2018 with connected writ petitions. The

same shall be decided expeditiously and preferably within a period of

four months.

6. Writ petition is disposed of. No costs.

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




 P.S.B.




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