Harish Rajendra Somvanshi And ... vs State Of Maharashtra And Others
2021 Latest Caselaw 1460 Bom

                                    1                   963-WP-1219-2021

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                         WRIT PETITION NO. 1219 OF 2021

Harish S/o. Rajendra Somvanshi and Anr.                   ...Petitioners

                    Versus

The State of Maharashtra and Ors.                         ...Respondents

Mr P.B. Patil (Borse), Advocate for Petitioners
Mrs P.V. Diggikar, A.G.P. for Respondent-State

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

                                 DATE     : 21st JANUARY, 2021

 PER COURT :

1. The transfer of the petitioners from unaided post to aided post

have been approved by the Education Officer, but the same has not been

approved as Shikshan Sevak from the date of transfer on aided post.

2. The grievance of Mr Patil, learned counsel for the petitioners is

that the services rendered on unaided posts are required to be considered

by the Education Officer.

3. The learned A.G.P. for respondent Nos. 1 to 3 relies on the

Circular dated 28.06.2016 to contend that approval can only be granted as

Shikshan Sevaks from the date of transfer 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 4th July 2019. It has been considered

by us that the services rendered on unaided posts will have to be

2 963-WP-1219-2021

considered while granting approval. If the petitioners have rendered

services on unaided post before their transfer on unaided post, then the

approval has to be granted considering the services rendered on unaided

posts.

5. In the present case, the petitioners are transferred on rendering

almost one year service on unaided post. Naturally, they will have to

complete three years and while computing the three years as Shikshan

Sevak, service rendered on unaided post will have to be computed.

6. In the result, the impugned order granting approval to the

petitioners as Shikshan Sevak from the date of transfer to the aided is

quashed and set aside to that extent only. The Education Officer while

granting the approval to the petitioners as Shikshan Sevak on the aided

post, shall consider the services rendered by the petitioners on unaided

post. To illustrate, if the petitioners have rendered services on aided post

for two years and are transferred to aided post, their services will be

approved as Shikshan Sevak for one year from the date of transfer and

thereafter as an Assistant Teachers. The Education Officer shall consider

this proposal and give approval as directed above.

7. In view of the above, the writ petition is partly allowed in above

terms. No costs.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ]

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