Sunita Ramdas Patil Alias Sunita ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 1500 Bom

                                     1                   991-WP-7131-2020

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                         WRIT PETITION NO. 7131 OF 2020


Smt. Sunita Ramdas Patil
(Sau. Sunita Suresh Pawar)                                 ...Petitioner

              Versus

The State of Maharashtra and Ors.                          ...Respondents


Mr V.S. Panpatte, Advocate for Petitioner
Mr P.K. Lakhotiya, A.G.P. for Respondent Nos. 1 and 2


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

                                 DATE      : 21st JANUARY, 2021

 PER COURT :

The proposal seeking approval to the transfer of the petitioner

from unaided to aided post is rejected on the basis of circular dated

28.06.2016.

2. The learned counsel for the petitioner submits that the petitioner

was appointed on unaided post on 09.06.2003 Her appointment on

unaided post is approved by the Education Officer. She was transferred to

the aided post on 15.06.2018 after completion of three years. She is the

senior most amongst the unaided candidates and the appointment is also

as per roaster.

3. We have heard learned A.G.P. also.

4. We have considered the issue of circular dated 28.06.2016

2 991-WP-7131-2020

under judgment dated 04.07.2019 passed in Writ Petition No. 1493 of

2018 with connected Writ Petitions and held that all the clauses of the

circular dated 28.06.2016 would not apply.

5. Considering the above, impugned order is quashed and set

aside. The Education Officer shall consider the proposal seeking approval

to the transfer of the petitioner from unaided to aided post on its own

merits and in tune with the judgment dated 04.07.2019 in Writ Petition No.

1493 of 2018 with connected Writ Petitions.

6. Writ Petition is disposed of. No costs.

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

mta