Bombay High Court
Atul Ramrao Patil vs The State Of Maharashtra And ... on 22 January, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
1 985-wp 1247-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
985 WRIT PETITION NO. 1247 OF 2021
Jyoti Madhavrao Gaikwad and others .. Petitioners
Versus
The State of Maharashtra and others .. Respondents
Mr. S. R. Choukidar, Advocate h/f Mr. V. S. Panpatte, Advocate for the
Petitioners.
Mr. K. S. Hoke-Patil, AGP for Respondents-State.
992 WRIT PETITION NO. 1256 OF 2021
Smt. Nilima Arvind Patil .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Mr. S. R. Choukidar, Advocate h/f Mr. V. S. Panpatte, Advocate for the
Petitioner.
Mr. P. K. Lakhotiya, AGP for Respondents-State.
1003 WRIT PETITION NO. 1271 OF 2021
Atul Ramrao Patil .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Mr. S. R. Choukidar, Advocate h/f Mr. V. S. Panpatte, Advocate for the
Petitioner.
Mr. R. V. Dhasalkar, AGP for Respondents-State.
1009 WRIT PETITION NO. 1281 OF 2021
Pradeepkumar Vishambhar Dongarkadekar
and others .. Petitioners
Versus
The State of Maharashtra and others .. Respondents
1 of 4
::: Uploaded on - 28/01/2021 ::: Downloaded on - 08/02/2021 15:40:25 :::
2 985-wp 1247-2021.odt
Mr. S. R. Choukidar, Advocate h/f Mr. V. S. Panpatte, Advocate for the
Petitioners.
Mr. P. K. Lakhotiya, AGP for Respondents-State.
1013 WRIT PETITION NO. 1285 OF 2021
Pramod Vijay Patil and others .. Petitioners
Versus
The State of Maharashtra and others .. Respondents
Mr. S. R. Choukidar, Advocate h/f Mr. V. S. Panpatte, Advocate for the
Petitioners.
Mr. P. S. Patil, Addl. G. P. for Respondents-State.
CORAM : S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATED : 22nd JANUARY, 2021.
PER COURT:-
. The transfers of the petitioners from unaided posts to aided posts
have been approved by the Deputy Director of Education / Education
Officer (Secondary), but the same have been approved as Shikshan
Sevaks from the date of transfers on aided posts.
2. The grievance of Mr. Choukidar, the learned counsel for
petitioners is that, the services rendered on unaided posts are required
to be considered by the Deputy Director of Education / Education
Officer (Secondary).
3. The learned Additional Government Pleader for
2 of 4
3 985-wp 1247-2021.odt
respondents/State relies on the circular dated 28.06.2016 to contend
that, approvals can only be granted as Shikshan Sevaks from the date
of transfers on aided posts.
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 04 th 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 cases, the petitioners are transferred on rendering
service on unaided posts for six months to four years.
6. In the result, the impugned orders granting approvals to the
petitioners as Shikshan Sevaks from the date of transfers to the aided
posts are quashed and set aside to that extent only. The Deputy Director
of Education / Education Officer (Secondary) while granting the
approvals to the petitioners as Shikshan Sevaks on the aided posts,
shall consider the services rendered by the petitioners on unaided
posts. To illustrate, if, the petitioners have rendered services on unaided
3 of 4
4 985-wp 1247-2021.odt
post for two years and are transferred to aided posts, their services will
be approved as Shikshan Sevak for one year from the date of transfers
and thereafter as a Assistant Teachers. The Deputy Director of
Education / Education Officer (Secondary) shall consider all these
proposals and give approvals 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
P.S.B.
4 of 4
