Bombay High Court
Vishwajeet Satish Birajdar vs The State Of Maharashtra And ... on 26 October, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
(1) 921-953-977
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.11859 OF 2021
UJWALA TRIMBAKRAO GORE ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
AND
WRIT PETITION NO.11895 OF 2021
SACHIN LIMBRAJ CHAVAN ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
AND
WRIT PETITION NO.11921 OF 2021
VISHWAJEET SATISH BIRAJDAR ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
...
Mr. Santosh S. Jadhavar, Advocate for the
Petitioners.
Mr. P. K. Lakhotiya, AGP for Respondents-State.
...
CORAM : S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATED : 26th OCTOBER, 2021.
PER COURT:-
1. In all these matters approvals are granted
to the transfers of petitioners from unaided to
aided posts as Shikshan Sevaks.
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2. The learned counsel for petitioners
submits that, services rendered by petitioners
prior to the transfers on unaided posts are not
considered.
3. We have heard learned A.G.P. for all
respondents.
4. The appointments of petitioners on unaided
posts, the date of approval to the appointments on
unaided posts and the date of transfers to the
aided posts are detailed in the chart hereunder:
Sr. Writ Name of Date of Date of Date of Date of Date of
No. Petit the Appointmen Approval permanent transfer to impugned
ion Petitioner t as on approval aided post order
No. Assistant probation
Teacher on
unaided
post
01. 11859 Ujwala 17/09/2013 16/08/2014 16/10/2015 30/06/2017 03/11/2018
/2021 Trimbakrao
Gore
02. 11895 Sachin 15/06/2014 31/10/2015 20/08/2016 12/01/2020 11/06/2020
/2021 Limbraj
Chavan
03. 11921 Vishwajeet 17/09/2013 16/08/2014 16/10/2015 31/03/2017 03/11/2018
/2021 Satish
Birajdar
5. It would appear that, all these
petitioners have worked for about 4 to 5 years on
unaided posts prior to their transfers on aided
posts. Their transfers to the aided posts are also
prior to the amendment to Section 41-A of the The
Maharashtra Employees of Private Schools
(Conditions of Service) Regularion Act.
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6. The approvals are granted as Shikshan
Sevaks basically relying upon the Circular dated
28.06.2016. This Court in the judgment and order
dated 14.07.2019 in Writ Petition No.1493 of 2018
with other connected writ petitions observed that
some of the Clauses of Circular dated 28.06.2016
are erroneous.
7. It has been observed that, if the
employees have worked for more than three years on
unaided posts and are transferred on 100% grant-in-
aid posts, then their approvals ought to be on 100%
grant-in-aid posts.
8. In light of the above, impugned orders to
the extent of granting approvals as Shikshan Sevaks
from the date of their transfers to the aided posts
are quashed and set aside.
9. The Education Officer/Deputy Director of
Education, as the case may be shall verify the
transfers of petitioners on 100% grant-in-aid posts
and if the authority is satisfied that, the
petitioners have been transferred on 100% grant-in-
aid posts after rendering services for more than
three years on unaided posts, then the authority
shall grant approvals on 100% grant-in-aid posts
from the date of transfers to the aided posts. The
said exercise shall be done preferably within a
period of four months from today.
(4) 921-953-977
10. We have passed the aforesaid order, as the
authorities have granted approvals to the transfers
of petitioners on aided post meaning thereby that,
the authorities were convinced about the seniority,
roster and the qualification of petitioners.
11. Writ Petitions are disposed of. No costs.
(R. N. LADDHA) (S. V. GANGAPURWALA)
JUDGE JUDGE
Devendra/October-2021
