Shivaji Pudlik Nagargoje vs The State Of Maharashtra And ...
2021 Latest Caselaw 1967 Bom

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    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

              1096 WRIT PETITION NO.1648 OF 2021

                SHIVAJI PUNDLIK NAGARGOJE
                           VERSUS
           THE STATE OF MAHARASHTRA AND OTHERS
                            ...
                 Advocate for Petitioner:
         Mr. S. D. Bhosle h/f. Mr. V. D. Gunale
      AGP for Respondents/State: Mr. S. G. Karlekar
                            ...

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

                               DATE:       29th JANUARY, 2021

 PER COURT:

1. The petitioner was appointed on unaided post

as Assistant Teacher on 25.01.2013. His services

on unaided post as Assistant Teacher was approved.

The petitioner on or about 15.01.2018 was

transferred to the aided post. Under the impugned

order, the Education Officer has granted approval

to the services of the petitioner on the aided

post, however, as Shikshan Sevak and not as an

Assistant Teacher.

 2.       Mr.         Bhosle,           learned       Counsel             for        the

 petitioner             relied         on    the    judgment        of      Division





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Bench of this Court in Writ Petition No. 1493 of

2018 with connected matters, dated 04th July, 2019

to submit that, clause of the Government

Resolution dated 28th June, 2016 has been

interpreted by this Court and if the Assistant

Teacher has worked on unaided post for the period

of three years or more, then his/her services are

required to be approved as Assistant Teacher on

aided post.

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

respondent - State.

4. As the petitioner has already worked on the

unaided post for the period of three years and

more and his services were approved, while

granting approval to the transfer of the

petitioner from unaided to aided post. The

Education Officer was required to grant approval

to him as Assistant Teacher and not as Shikshan

Sevak in the light of the judgment of this Court

in Writ Petition No. 1493 of 2018 with other

connected writ petitions, dated 04th July, 2019.

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5. In view of above, the impugned order of the

Education Officer is modified to the extent that

the Education Officer shall grant approval to the

transfer of the petitioner on aided post as

Assistant Teacher.

6. We have passed this order in view of the fact

that the Education Officer has approved transfer

of the petitioner on aided post meaning thereby he

has considered all other aspects of the matter.

7. In view of the above, writ petition is

allowed in above terms. No costs.

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

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