Bombay High Court
Ashok Sambhaji Akkalwad vs The State Of Maharashtra And ... on 1 March, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
105 WRIT PETITION NO.1823 OF 2021
ASHOK SAMBHAJI AKKALWAD
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner :Mr M M Parghane
AGP for Respondents State: Mr K N Lokhande
Advocate for Respondent 4 : Mr Gajanan B Kingre
CORAM : S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATE : 1st March, 2021.
ORDER:
The transfer of the petitioner from unaided post to aided post has
been approved by the Education Officer (Secondary), but the same has
been approved as Shikshan Sevak from the date of transfer on aided post.
1. The grievance of Mr. Parghane , the learned counsel for petitioner
is that, the services rendered on unaided post are required to be
considered by the Education Officer (Secondary).
2. The learned Additional Government Pleader for 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.
3. 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 4th July, 2019. It has been considered by us
that the services rendered on unaided posts will have to be considered
while granting approval. If the petitioner has rendered service on unaided
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post before his transfers on aided post, then the approvals have to be
granted considering the services rendered on unaided post.
4. In the present case, the petitioner is transferred on rendering
service on unaided post for qbout 4 years.
5. 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
(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 Education Officer
(Secondary) shall consider the proposal and give approval as directed
above.
6. In view of the above, the writ petition is partly allowed in above
terms. No costs.
(SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.)
JPC
