Mohsin Iqbal Shah vs The State Of Maharashtra And ...
2021 Latest Caselaw 1645 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                         WRIT PETITION NO. 1358 OF 2021


 Mohsin S/o Iqbal Shah
 and another                                     ... Petitioners.

          Versus

 The State of Maharashtra
 and others                                      ... Respondents.

                                       ....

 Ms. A.N. Ansari, Advocate for the Petitioners.
 Mr. R.V. Dhasalkar, A.G.P. for Respondent Nos.1 and 2.

                                       ....

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

DATE : 25th JANUARY, 2021

PER COURT:-

1. 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.

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2. The grievance of Ms. Anari, the learned counsel for petitioners

is that, the services rendered on unaided posts are required to be

considered by the Education Officer (Secondary).

3. The learned Additional Government Pleader for

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 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 cases, the petitioners are transferred on

rendering service on unaided posts for some time.

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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 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 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 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


 S.P. Rane




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