Bombay High Court
Babasaheb Rambhau Pawar vs The State Of Maharashtra And ... on 28 June, 2021
Bench: S.V. Gangapurwala, M. G. Sewlikar
1 wp 7008.2021+
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
31 WRIT PETITION NO.7008 OF 2021
PRASHANT PRAKASH MASKE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner: Mr. Deshmukh Abhay G.
AGP for Respondents/State: Mr. K. B. Jadhavar
...
32 WRIT PETITION NO.7009 OF 2021
BABASAHEB RAMBHAU PAWAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner: Mr. Deshmukh Abhay G.
AGP for Respondents/Sate: Mr. K. B. Jadhavar
...
54 WRIT PETITION NO.7034 OF 2021
GAJANAN KAMLAKAR JOSHI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner: Mr. Deshmukh Abhay G.
AGP for Respondents/Sate: Mr. P. S. Patil
...
CORAM: S. V. GANGAPURWALA &
M. G. SEWLIKAR, JJ.
DATE: 28th JUNE, 2021
PER COURT:
1. In all these petitions the petitioners'
proposals seeking approval to the transfers from
unaided to aided posts are rejected. The proposals
2 wp 7008.2021+
are rejected on the basis of Circular dated
28.06.2016. In the impugned orders it is suggested
that there are surplus teachers as such transfers
are not permissible.
2. We have under our order dated 04.07.2019 in
Writ Petition No. 1493 of 2018 with connected writ
petitions held that some of the clauses of the
Circular dated 28.06.2016 do not apply.
3. The following chart would clarify the
position-
S. W.P.No. Name & Date of Date of Date of Date of Date of Worked Date of Name
N. Qualifica Appointmen approval confirmat approval transfer on Rejection of
tion of t on on ion on for on grant- unaide of the
Employee unaided unaided unaided confirmat in-aid d approval Autho
basis basis basis ion on basis basis to the rity
unaided for transfer who
basis the on grant- rejec
period in-aid ted
of basis appro
val
to
the
trans
fer
from
unaid
ed to
aided
divis
ion
1 7008/2021 Prashant 16/06/2017 3/7/2017 16/06/2019 20/09/2019 21/10/2019 2Y 4M 22/03/2021 E.O.,
Prakash P.21 P.22 P.24 P.25 P.30 P.37 Z.P.
Maske, (S),
HSC,B.A.D Beed
.Ed.,
CTET
2 7009/2021 Babasaheb 12/08/2016 18/01/2017 12/08/2018 09/09/2019 04/06/2020 3Y 10M 22/03/2021 E.O.,
Rambhau P.18 P.19 P.21 P.22 P.26 P.33 Z.P.
Pawar, (S),
B.A.B.Ed. Beed
3 7034/2021 Gajanan 3/10/2015 18/01/2017 13/10/2017 09/09/2019 03/12/2019 4Y 1M 22/03/2021 E.O.,
Kamlakar P.18 P.19 P.21 P.22 P.27 P.34 Z.P.
Joshi, (S),
B.A. Beed
B.Ed.
3 wp 7008.2021+
4. It appears that the petitioners in Writ
Petition No. 7009 of 2021 and Writ Petition
No. 7034 of 2021 had completed 3 years of service
on unaided posts. Their services on unaided posts
were approved and thereafter they are transferred
to aided posts. The petitioner in Writ Petition
No. 7008 of 2021 had not completed 3 years of
service on the unaided post, his services will
have to be considered as Shikshan Sevak, if, he is
legitimately transferred to the aided post before
expiry of 3 years for the reminder period.
5. In light of the above, the impugned orders
are not in consonance with the judgment and order
of this Court dated 04.07.2019 passed in Writ
Petition No. 1493 of 2018 with connected writ
petitions.
6. The impugned orders, as such, are quashed and
set aside.
7. The Education Officer shall re-consider the
proposals seeking approval to the transfers of the
4 wp 7008.2021+
petitioners from unaided to aided divisions on
it's own merits afresh. The Education Officer
shall certainly is required to consider the
qualification, the roster, the seniority of the
petitioners and all other relevant aspects,
however, shall not reject it only on the ground on
which the impugned orders are passed.
8. The said proposals shall be considered
expeditiously, preferably within six (06) months.
9. Writ Petitions are disposed of. No costs.
[M. G. SEWLIKAR, J.] [S. V. GANGAPURWALA, J.]
marathe
