Nanesh Pralhad Yevale vs The State Of Maharashtra Thr Its ...
2021 Latest Caselaw 3952 Bom

                                 1              933-WP-3969-21 & 4 Ors.

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                         WRIT PETITION NO. 3969 OF 2021

Rohan S/o Bhagwantrao Patil                            ...Petitioner

           Versus

The State of Maharashtra and ors.                      ...Respondents

                                   AND
                      WRIT PETITION NO. 3981 OF 2021

Lalit S/o Ramesh Chaudhari                             ...Petitioner

           Versus

The State of Maharashtra and ors.                      ...Respondents

                                   AND
                      WRIT PETITION NO. 4176 OF 2021


Nanesh S/o Pralhad Yevale                              ...Petitioner

           Versus

The State of Maharashtra and ors.                      ...Respondents

                                  AND
                      WRIT PETITION NO. 4179 OF 2021

Amol S/o Chandrabhan Sonawane                          ...Petitioner

           Versus

The State of Maharashtra and ors.                      ...Respondents

                                    AND
                      WRIT PETITION NO. 4180 OF 2021


Dnyaneshwar S/o Jibhau Shelar                          ...Petitioner

           Versus

The State of Maharashtra and ors.                      ...Respondents




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                                  2                  933-WP-3969-21 & 4 Ors.


Mr R.L. Wakade, Advocate for Petitioners
Mrs V.S. Choudhari, AGP for Respondents-State


                                 CORAM : S.V. GANGAPURWALA AND
                                         SHRIKANT D. KULKARNI, JJ.

                                 DATE     : 3rd MARCH, 2021

 PER COURT :

1. The transfers of the petitioners from unaided posts to aided

posts have been approved by the Deputy Director of Education /

Education Officer (Secondary), but the same have been approved as

Shikshan Sevaks from the date of transfers on aided posts.

2. The grievance of Mr. Wakade, the learned counsel for petitioners

is that, the services rendered on unaided posts are required to be

considered by the Deputy Director of Education / Education Officer

(Secondary).

3. The learned Additional Government Pleader for

respondents/State 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 by us

that the services rendered on unaided posts will have to be considered

while granting approval. If the petitioners have rendered services on

unaided posts before their transfers on aided post, then the approvals

3 933-WP-3969-21 & 4 Ors.

have to be granted considering the services rendered on unaided posts.

5. In the present cases, the petitioners are transferred on rendering

service on unaided posts for 6 months to 4 years.

6. In the result, the impugned orders granting approvals to the

petitioners as Shikshan Sevaks from the date of transfers to the aided

posts are quashed and set aside to that extent only. The Deputy Director

of Education / Education Officer (Secondary) while granting the approvals

to the petitioners as Shikshan Sevaks on the aided posts, shall consider

the services rendered by the petitioners on unaided posts. To illustrate, if,

the petitioners have rendered services on unaided post for two years and

are transferred to aided posts, their services will be approved as Shikshan

Sevak for one year from the date of transfers and thereafter as a Assistant

Teachers. The Deputy Director of Education / Education Officer

(Secondary) shall consider all these proposals and give approvals as

directed above.

7. In view of the above, the writ petitions are partly allowed in

above terms. No costs.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ]

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