Harshad Ashok Pande vs The State Of Maharashtra Through ...
2021 Latest Caselaw 14595 Bom

                                          1                       924 wp 11116-21.odt

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

                     924 WRIT PETITION NO.11116 OF 2021

                 HARSHAD ASHOK PANDE
                          VERSUS
 THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
                          OTHERS
                             ...
         Advocate for Petitioners : Mr. S. T. Shelke
     AGP for Respondent nos. 1 & 2: Mr. K. N. Lokhande
                             ...

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

DATED : 6th OCTOBER, 2021.

...

PER COURT :

1. The petitioner is appointed on unaided post as a teacher in

junior college on 16/06/2014. The said appointment is

approved. On or before 2 nd May, 2016 the petitioner is

transferred to the aided post. The transfer of the petitioner on

the aided post was approved as an assistant teacher under

approval order dated 27th May, 2016. Under the impugned order

the petitioner is approved as an assistant teacher with efect

from 02/05/2019.

2. The said order is passed basically relying upon circular

dated 28/06/2016.

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3. We have in our judgment and order dated 4 th July, 2019 in

Writ Petition No. 1493 of 2018 with connected writ petitions

held that same of the clauses of the circular dated 28/06/2016

are erroneous.

4. The earlier approval order dated 26th May,2016 was also

not keeping in tune with the provisions. The petitioner had

worked only for a period of two years on the unaided post. As

such after being transferred on aided post, the petitioner will

have to serve for a period of one year as a Shikshan Sevak and

thereafter only would be deemed to have been assistant

teacher.

5. In light of the above, the impugned order dated 31 st

January, 2020 and 27th May, 2016 are modifed.

6. The petitioner shall be deemed to be a Shikshan Sevak up

to 16/06/2017. On and from 27/06/2017 the petitioner shall be

approved as an assistant teacher. The said order shall be passed

by the Deputy Director of Education, preferably within three

months.

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7. We have passed aforesaid order as Deputy Director

Education has approved the transfer of the petitioner meaning

thereby that the Deputy Director of Education was convinced

about the seniority, qualifcation and the roster.

8. Needless to say the consequential benefts will follow.

9. Writ petition is disposed of. No costs.

(R. N. LADDHA, J.) (S. V. GANGAPURWALA, J.)

vsm/-