Totaram S/O Sirpat Shende vs State Of Maharashtra, Thr. ...
2022 Latest Caselaw 4078 Bom

Judgment                                          1                                WP 4952.21.odt




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


                         WRIT PETITION NO.4952 OF 2021


Totaram s/o Sirpat Shende,
Aged about 44 years,
Occupation-Service,
R/o. Soni, Tah. Goregaon,
District-Gondia.                                                     ..      Petitioner

                         .. Versus ..

1]      State of Maharashtra,
        Through its Secretary Junior
        College Education & Sports
        Department, Mantralaya,
        Mumbai.

2]      Deputy Director of Education,
        Nagpur Division, Nagpur.

3]      Shri Chakradhar Bahu-uddheshiya
        Shikshan Va Vikas Sanstha, Gondia,
        Through its Secretary,
        R/o. Ganesh Nagar, Gondia,
        Tah. and District-Gondia.

4]      Manibhai Ishwarbhai Patel Junior
        College, Soni, Through its Principal,
        At & Post-Soni, Tah. Goregaon,
        District-Gondia.                                             ..      Respondents


---------------------------------------------------------------------------------------------------
Shri I.N. Choudhari, Advocate for the petitioner
Shri N.S. Rao, Assistant Govt. Pleader for respondent nos.1 and 2-State,
None for respondent nos.3 and 4 though served.
---------------------------------------------------------------------------------------------------
                                 Judgment                                2                       WP 4952.21.odt


                                                   CORAM : SUNIL B. SHUKRE AND
                                                           SMT. M.S. JAWALKAR, JJ.

DATED : 18.04.2022.

ORAL JUDGMENT : (Per : Sunil B. Shukre, J.)

Heard. Rule. Rule made returnable forthwith. Heard

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

2. The issue involved in this petition regarding permissibility

of transfer of school employee from unaided post to aided post is

squarely covered by the view taken by this Court in the case of Sandip

s/o Dilip Thorat .vs. The State of Maharashtra and others, 2022 (1) ALL

MR 322 wherein it is held that such transfer is permissible in law.

Therefore, this petition deserves to be allowed and it is allowed in

terms of prayer clauses (i) and (ii).

3. Rule is made absolute in above terms. No costs.

(SMT. M.S. JAWALKAR, J.) (SUNIL B. SHUKRE, J.)

Gulande

Signed By:ABHIMANYU SHANKARRAO GULANDE PS to the Hon'ble Judge

Signing Date:19.04.2022 18:05