Anna Babaji Nale vs The State Of Maharashtra Through ...
2022 Latest Caselaw 1783 Bom

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        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION

                            Writ Petition No.3901 of 2021


Anna Babaji Nale                                      ...   Petitioner
     v/s.
The State of Maharashtra & ors.                       ...     Respondents


Ms. Rekha Musale for the Petitioner.

Ms. Bhagyashri R. Mangle for Respondents 3 & 4.
Mrs. P.J.Gavhane, AGP for Respondent No.1-State.


                          CORAM : SUNIL B.SHUKRE &
                                  AMIT BORKAR, JJ.

22nd February 2022

P.C.

Heard learned counsel for the parties.

2. It is the contention of the learned Counsel for the Petitioner that the issue involved in this Petition is squarely covered by the view taken by the Division Bench of this Court in Ms. Sandhya Laxman Ghosalkar vs. The State of Maharashtra & ors. 1 decided on 12th

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September 2012.

3. Mrs. Gavhane, the learned AGP appearing for the State, has her own doubts. She submits that transfer of a teacher from an unaided school to aided school is permissible in law as per the ratio of the Judgment of Ms.Sandhya Laxman Ghosalkar, but it is doubtful whether such transfer could be on a different post not held in the erstwhile school. According to learned Counsel for the Petitioner, the Petitioner was working as an Assistant Teacher in a non-aided school but was transferred to aided school run by the same management i.e. Respondent Nos.3 and 4, on the post of Shikshan Sevak and here the transfer from unaided school to aided school being there, it would not matter as to on which post did the transfer occur. She also submits that as per the GR dated 28th June 2016, an Assistant Teacher in an unaided school who has completed less than five years of service could be transferred to an aided school but while doing so, a teacher has to give an undertaking that for a period of three years he would work on the post of Shikshan Sevak upon transfer and it was because of this condition the Petitioner, an Assistant Teacher earlier, came to be transferred to the post of Shikshan Sevak. She also submits that this clause of GR dated 28th June 2016 has been quashed and set aside and that now the management is ready to send the fresh proposal to the Education Officer for grant of approval.

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4. On these contentions, reply of the Respondents would be necessary. Respondents may file their respective reply on or before the next date.

5. Stand over to15th March 2022.

           (AMIT BORKAR,J)                 (SUNIL B.SHUKRE,J)

Lata Panjwani, P.S.