Kunal Ramchandra Jadhav vs The State Of Maharashtra And ...
2021 Latest Caselaw 8629 Bom

                                 ..1..                   7139.2021WP.

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                     968 WRIT PETITION NO.7139 OF 2021

KUNAL RAMCHANDRA JADHAV                              .. Petitioner
     VERSUS
THE STATE OF MAHARASHTRA AND OTHERS                 .. Respondents
                                 ...
         Advocate for the Petitioner : Mr P.B. Patil (Borse)
          AGP for the Respondents/ State : Mr A.R. Kale
                                   ....

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

DATE : 30-06-2021

PER COURT : -

1. The petitioner was appointed on unaided post on

15-06-2018. His appointment was approved on unaided post. The

petitioner was transferred to the aided post on 30-11-2020. The

petitioner's proposal for approval to the transfer on aided post is

approved, however, as the Shikshan Sevak from 01-12-2020 relying

on Circular dated 28-06-2016.

2. The services rendered on unaided post has to be

considered. The said issue is no longer res integra in view of the

judgment of this Court dated 04-07-2019 in Writ Petition No.1493 of

2018 with connected writ petitions.

Gajanan



                                  ..2..                      7139.2021WP.

3. In the present case, the petitioner is transferred on

rendering almost 2 ½ years of 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.

4. 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

Education Officer while granting approval to the petitioner as a

Shikshan Sevak on the aided post shall consider the services rendered

by the petitioner on unaided post. In the present case, the petitioner

will have to be approved as Shikshan Sevak for a period of at least 6

months because the petitioner completed only 2 ½ years on unaided

post and after working for 6 months as a Shikshan Sevak on unaided

post, his services will be approved as an Assistant Teacher.

5. The Education Officer shall consider the said proposal of

the petitioner as per the aforesaid direction, preferably within four

months.

Gajanan



                                   ..3..                       7139.2021WP.

6. Writ petition is disposed of. No costs.

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




Gajanan