Athare Sambhaji Rangnath vs The State Of Maharashtra And ...
2021 Latest Caselaw 13731 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          WRIT PETITION NO. 2576 OF 2021
 Athare Sambhaji Rangnath                                        .. Petitioner
          Versus
 The State of Maharashtra and others                             .. Respondents

 Mr. Shivaji T. Shelke, Advocate for the Petitioner.
 Mr. S. K. Tambe, 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 proposal seeking approval to the appointment of the

petitioner is rejected basically on the ground of circular dated

28.06.2016 and that the appointment has 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 appointment of the petitioner on unaided post, date

of approval to the appointment of the petitioner on unaided post and

date of transfer to the aided post are detailed in the chart. The same is

reproduced as under :

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Petitioner Name Appointment Approval at Transfer on No. on unaided of unaided aided post post post

1) Athare Sambhaji Rangnath 22.07.2013 October 14.02.2020

4. It would appear that the petitioner is transferred from unaided to

aided post after completion of three years of service.

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

aside. The Education Officer shall reconsider the proposal seeking

approval to the transfer of the petitioner afresh from unaided to aided

post. It may consider the availability of post, seniority, roster and

qualification of the petitioner. However, the proposal shall not be

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

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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