Pradip Govinda Desale vs The State Of Maharashtra And ...
2021 Latest Caselaw 9211 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                  961 WRIT PETITION NO.7656 OF 2021

PRADIP GOVINDA DESALE                                   .. Petitioner
     VERSUS
THE STATE OF MAHARASHTRA AND OTHERS                 .. Respondents
                                 ...
      Advocate for the Petitioner : Mr Paresh B. Patil (Borse)
        AGP for the Respondents / State : Mr P.G. Borade
                                ...

                               CORAM : S. V. GANGAPURWALA &
                                       R.N. LADDHA, JJ.

DATE : 14-07-2021

PER COURT : -

1. The transfer of the petitioner from unaided post to aided

post has been approved by the Education Officer, but the same has

been approved as Shikshan Sevak from the date of transfer on aided

post.

2. The grievance of the learned Counsel for the petitioner is

that the services rendered on unaided post are required to be

considered by the Education Officer.

3. The learned A.G.P. for the respondents / State relies on

the Circular dated 28-06-2016 to contend that approval can only be

granted as Shikshan Sevak from the date of transfer on aided post.

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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 04-07-2019. It

has been considered by us that the services rendered on unaided post

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 case, the petitioner is transferred on

rendering almost 2 ½ years service on unaided post. Naturally, he

will have to complete three years and while computing the three

years as Shikshan Sevak, service rendered on unaided post will have

to be computed.

6. In the result, the impugned order granting approval to

the petitioner as Shikshan Sevak from the date of transfer to the

aided is quashed and set aside to that extent only. The Education

Officer 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

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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 an Assistant Teacher.

The Education Officer shall consider this proposal and give approval

as directed above.

7. In view of the above, the writ petition is partly allowed

in above terms. No costs.

     [ R.N. LADDHA ]                           [ S. V. GANGAPURWALA ]
         JUDGE                                          JUDGE
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