Kute Ravindra Suresh And Others vs The State Of Maharashtra And ...
2021 Latest Caselaw 13725 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          WRIT PETITION NO. 2500 OF 2021

 Kute Ravindra Suresh
 and others                                                      .. Petitioners

          Versus

 The State of Maharashtra and others                             .. Respondents

 Mr. Shivaji T. Shelke, Advocate for the Petitioners.
 Mr. A. R. Kale, AGP for Respondent Nos. 1 and 2.
 Mr. S. S. Wagh, Advocate for Respondent No. 3.

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

DATED : 23rd September, 2021.

PER COURT:-

. The proposals seeking approval to the appointments of the

petitioners are rejected basically on the ground of circular dated

28.06.2016 and that the appointments have to be made through Pavitra

Pranali.

2. This Court under judgment and order dated 04.07.2019 in Writ

Petition No. 1493 of 2018 with other connected writ petitions held that

some of the clauses of the circular dated 28.06.2016 are erroneous.

3. The date of appointments of the petitioners on unaided posts,

date of approval to the appointments of the petitioners on unaided

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posts and date of transfers to the aided posts are detailed in the chart.

The same is reproduced as under :

Petitioners                   Name             Appointment      Approval        Transfer on
    No.                                         on unaided        date          aided post
                                                   post         unaided
                                                                  post
1)            Kute Ravindra Suresh             01.08.2014      10.11.2015 10.08.2017
2)            Dahatonde Rahul Babasaheb        01.08.2014      10.11.2015 10.08.2017
3)            Phopase Nitinkumar Popat         01.08.2014      10.11.2015 10.08.2017
4)            Marathe Prabhakar Narayan        01.08.2012      10.11.2015 10.08.2017
5)            Aware Dnyaneshwar                22.07.2013      20.09.2019 01.11.2019
              Nandkishor
6)            Avhad Dilipkumar Raghunath       22.07.2013      20.09.2019 01.11.2019
7)            Nikalje Sarjerao Raghunath       22.07.2013      20.09.2019 01.11.2019

4. It would appear that all these petitioners are transferred from

unaided to aided posts after completion of three years of service. The

management has tried to transfer employees from unaided to aided

posts, in accordance with seniority, adherence to the roster and the

qualification.

5. In the light of the above, the impugned order is quashed and set

aside. The Education Officer shall reconsider the proposals seeking

approval to the transfers of the petitioners from unaided to aided posts

afresh. It may consider the availability of posts, seniority, roster and

qualification of the petitioners. However, the proposals shall not be

rejected on the ground on which the impugned order is passed. The

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same shall be decided expeditiously and preferably within a period of

four (04) months from today.

6. Writ petition is disposed of. No costs.

 ( R. N. LADDHA )                               ( S. V. GANGAPURWALA )
      JUDGE                                               JUDGE




 P.S.B.




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