Nilesh Punjaji Punde vs The State Of Maharashtra, Through ...
2021 Latest Caselaw 14981 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR.
                         WRIT PETITION NO. 5891 OF 2019
  Mr. Nilesh Punjaji Punde
  Aged about 34 years, Occ.: Service,
  R/o. Paras, Tah. Balapur,
  Dist. Akola                                        .... PETITIONER

                                 // VERSUS //
  1. The State of Maharashtra
  Through its Secretary, School Education
  and Sports Department, Mantralaya,
  Mumbai-32

  2. Education Officer (Secondary),
  Zilla Parishad, Akola

  3. Shri Babuji Shikshan, Yuvak Kalyan,
  Vyayam va Krida Prasarak Mandal,
  Through its Secretary, Paras,
  Tah. Balapur, Dist. Akola

  4. Mahatma Jyotiba Phule Madhyamik
  va Uchcha Madhyamik Vidyalaya,
  Through its Head Master, Paras,
  Tah. Balapur, Dist. Akola                              .... RESPONDENTS

  Mr. Anand Parchure, Advocate for petitioner..
  Mr. N.R. Patil, AGP for respondent Nos.1 & 2.
  ________________________________________________________________
  s




                                CORAM        : SUNIL B. SHUKRE, AND
                                               ANIL S. KILOR, JJ.

                                DATE         : 13th OCTOBER, 2021.
  ORAL JUDGMENT: [PER: S.B. Shukre, J.]

                    Heard.

2. Rule. Rule made returnable forthwith. The matter is

heard finally by the consent of the learned counsel for the parties.

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3. The grievance of the petitioner here is that his transfer

from un-aided school to aided school is not being approved by

respondent No.2 and now, by order passed on 18.11.2019, the

proposal for such transfer has been rejected by the respondent No.2.

4. Shri Parchure, learned counsel for the petitioner

submits that the rejection of such proposal, is not permissible in law

and the issue involved here being identical to the one involved in

Writ Petition No.5313/2017 and other Writ Petitions bearing

Nos.8556/2019 & 8046/2019 taking a view that transfer of a

Shikshan Sewak or Teacher from un-aided school to aided school is

permissible in law, is squarely covered by these judgments.

5. Learned AGP for respondent Nos.1 & 2 does not

dispute this position. However, he has a strong objection to the

additional prayer made for payment of arrears of salary.

6. In view of above, the writ petition is allowed.

7. Impugned order is hereby quashed and set aside.

8. The respondent No.2 is directed to grant approval for

his transfer from un-aided school to aided school, run by the same

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institution and start releasing regular salary forthwith to the

petitioner and consider the payment of arrears of salary in

accordance with law.

Rule accordingly. No costs.

                             JUDGE                                  JUDGE
Prity