Archana Manish Kulkarni vs The State Of Maharashtra Through ...
2021 Latest Caselaw 14597 Bom

                                          1                       918 wp 11108-21.odt

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

                     918 WRIT PETITION NO.11108 OF 2021

                ARCHANA MANISH KULKARNI
                          VERSUS
 THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
                          OTHERS
                              ...
          Advocate for Petitioner : 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 learned counsel for the petitioner submits that the

petitioner was appointed as a teacher in junior college on

unaided post. She was transferred to aided post after rendering

service of six years. The transfer of the petitioner to the aided

post was approved by the Deputy Director of Education under

order dated 27th May, 2016. However, under the impugned

order dated 21st March, 2018 the Deputy Director, Education

modifed the said order and granted approval as a Shikshan

Sevak up to 01/05/2019 relying on circular dated 28/06/2016.

2. We have heard learned AGP.

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3. The chart showing the details of the appointment of the

petitioner on unaided post and date of approval, date of

transfer is as under :

Date    of        Date    of        Worked     Date     of   Date   of       Date   of
appointm          approval          on         transfer      approval        modifed
ent    on         on                unaided    on aided      on aided        approval
unaided           unaided           post       post          post            on aided
post              post                                                       post
15/06/2011 22/05/2015 6 years                  02/05/2016 07/05/2016 21/03/2018

4. The learned AGP 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.

5. 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 petitioners have rendered services on unaided

posts before their transfers on aided post, then the approvals

have to be granted considering the services rendered on

unaided posts.

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6. As the petitioner has rendered service of almost six years,

the approval order granted to the transfer of the petitioner on

27th May, 2016 was correct. The same ought not to have been

interfered with by the Deputy Director of Education by passing

the impugned order.

7. The impugned order as such is quashed and set aside. Writ

petitioner is accordingly disposed of.

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

vsm/-