Bombay High Court
Nikhilkumar Baburao Ghodke vs The State Of Maharashtra And ... on 7 January, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
1
W.P.138-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO. 138 OF 2021
Nikhilkumar s/o Baburao Ghodke .. Petitioner
Versus
The State of Maharashtra and ors. .. Respondents
Mr Sanjay Kolhare, Advocate for petitioner
Mrs M.A. Deshpande, Addl.G.P. for respondents no.1 and 2
CORAM : S.V. GANGAPURWALA AND
SHRIKANT D. KULKARNI, JJ.
DATE : 7th January 2021
PER COURT :
1. The transfer of the petitioner from unaided post to aided post
has been approved by the Deputy Director of Education / Education Officer
(Secondary), but the same has been approved as Shikshan Sevak from the
date of transfer on aided post.
2. The grievance of Mr. Kolhare, the learned counsel for petitioner
is that, the services rendered by the petitioner on unaided post are required
to be considered by the Deputy Director of Education / Education Officer
(Secondary).
3. The learned Additional Government Pleader for respondents
no.1 and 2 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
W.P.138-2021
by us that the services rendered on unaided posts will have to be considered
while granting approval. If the petitioner has rendered services on unaided
post before his transfer on aided post, then the approval has to be granted
considering the services rendered on unaided post.
5. In the present cases, the petitioner is transferred on rendering
service on unaided post for 2 and 1/2 years.
6. In the result, the impugned order granting approval to the
petitioner as Shikshan Sevak from the date of transfer to the aided post is
quashed and set aside to that extent only. The Deputy Director of
Education / Education Officer (Secondary) while granting the approval to the
petitioner as Shikshan Sevak on the aided post, shall consider the services
rendered by the petitioner on unaided post. To illustrate, if, the petitioner has
rendered services on unaided post for two years and is transferred to aided
post, his services will be approved as Shikshan Sevak for one year from the
date of transfer and thereafter as a Assistant Teacher. The Deputy Director
of Education / Education Officer (Secondary) shall consider the 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.)
vvr
