Pankaj Ramesh Awsarmal vs The State Of Maharashtra And ...
2021 Latest Caselaw 16190 Bom

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                      1015 WRIT PETITION NO.10122 OF 2021

                         PANKAJ RAMESH AWSARMAL
                                    VERSUS
                  THE STATE OF MAHARASHTRA AD OTHERS
                                        ...
                    Advocate for Petitioner : Mr. V.S. Panpatte
                  AGP for Respondents 1 & 2 : Mr. P.K. Lakhotiya
                                        ...

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

DATED : 23/11/2021.

PER COURT :

. The petitioner is appointed on unaided post on

25.04.2017. The appointment of the petitioner on unaided post is

approved under order dated 20.11.2017. The petitioner is transferred

to the aided post on 5.6.2020. The petitioner has worked on unaided

post for more than 3 years.

2. Mr. Panpatte, learned counsel for the petitioner relied on

the judgment of Division Bench of this Court in Writ Petition No. 1493

of 2018 with connected matters, dated 04 th July, 2019, to submit that,

clause of the Government Resolution dated 28 th June, 2016 has been

interpreted by this Court and if the Assistant Teacher has worked on

unaided post for the period of three years or more, then his / her

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services are required to be approved as Assistant Teacher on aided

post.

3. We have also heard learned AGP for respondent- State.

4. As the petitioner has already worked on the unaided post

for the period of three years and more and his services were approved,

while granting approval to the transfer of the petitioner from unaided

to aided post, the Deputy Director of Education was required to grant

approval to him as Assistant Teacher and not as Shikshan Sevak in the

light of the judgment of this Court in Writ Petition No.1493 of 2018

with other connected Writ Petitions, dated 04th July, 2019.

5. The Deputy Director of Education shall confirm that if the

transfer of the petitioner is on 100% grant-in-aid post and if he is

convinced that the post is 100% grant-in-aid post, then he shall grant

approval to the transfer of the petitioner on 100% grant-in-aid post as

Assistant Teacher from the date of his transfer.

6. We have passed this order in view of the fact that the

Deputy Director of Education has approved transfer of the petitioner

WP No. 10122/21

on aided post meaning thereby he has considered all other aspects of

the matter.

7. The said exercise shall be done preferably within four

months. Writ Petition is disposed of. No costs.

[ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.]

ssc/