Sarita D/O Durgaprasad Shukla vs The State Of Maharashtra, Thr. ...
2021 Latest Caselaw 13295 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR.

                        CIVIL WRIT PETITION NO. 3504 OF                                     2021

                                           Sarita Durgaprasad Shukla
                                                       -Vs-
                                        The State of Maharashtra and ors.

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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
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                                       Mr.N.B.Kalwaghe, counsel for the petitioner.
                                       Mr.A.S.Fulzele, Addl..G.P for respondent Nos.1 and 2.


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

                                                DATE             : 16.09.2021.


                                  1.            Heard.

2. The contention of the learned counsel for the petitioner is that the petitioner had worked as Assistant Teacher for about five years in an un-aided school and when an occasion for seeking approval of respondent No.2 for transfer of the petitioner from un-aided school to aided school run by respondent No.3 arose, the respondent No.2 indeed granted the approval but with the modification that the transfer of the petitioner was approved not on the post of Assistant Teacher but on the post of Shikshan Sevak, which is not permissible in law. Relying upon the consistent line of precedents set by this Court in various judgments including the judgment delivered on 12th March 2021 in Writ Petition Stamp No.93919 of 2020 wherein it has been held that the power of transfer of the Management under Rule 41 of

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The Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1 981, cannot be restricted or curtailed by the State, it is argued that the modified approval impugned here is not sustainable in law

3. Issue notice for final disposal at admission stage to the respondents, returnable after four weeks.

4. Learned AGP waives service of notice for respondent Nos.1 and 2.

(ANIL S. KILOR,J) (SUNIL B. SHUKRE,J)

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