Sayyed Amrullah Sayyed Chand ... vs The State Of Maharashtra And ...
2022 Latest Caselaw 222 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                           WRIT PETITION NO. 301 OF 2022

 Sayyed Amrullah Sayyed Chand Kasar                              .. Petitioner

          Versus

 The State of Maharashtra and others                             .. Respondents

 Ms. A. N. Ansari, Advocate for the Petitioner.
 Mr. A. S. Shinde, AGP for Respondent Nos. 1 and 2.

                                CORAM :    S. V. GANGAPURWALA &
                                           S. G. DIGE, JJ.

DATED : 06th JANUARY, 2022.

PER COURT:-

. The proposal seeking approval to the transfer of the petitioner

from unaided to aided is allowed, however, as a Shikshan Sevak from

the date of transfer to the aided post.

2. We have heard Ms. Ansari, learned counsel for the petitioner and

Mr. Shinde, learned A.G.P. for respondent Nos. 1 and 2.

3. The petitioner it appears is appointed on unaided post on

06.07.2018 and is transferred to the aided post on 01.06.2020 after

rendering service of less than two years on the unaided post.

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4. The Education Officer has relied upon the circular dated

28.06.2016 while granting approval in a phase-wise manner.

5. This Court under its judgment and order dated 04.07.2019 in

Writ Petition No. 1493 of 2018 with other connected writ petitions has

held that some of the clauses of the circular dated 28.06.2016 are

erroneous.

6. The service rendered on the unaided post is also required to be

considered while granting approval on aided post.

7. In the light of above, the impugned order to the extent of

granting approval in a phase-wise manner is set aside. In case, the

petitioner is transferred on 100% grant in aid post, then the services

rendered by the petitioner on unaided post shall also be counted. If the

petitioner has rendered service of one year and 11 months on unaided

post, then the said service will have to be counted and for remainder of

the period for completing three years the petitioner will be approved as

a Shikshan Sevak and after completing three years service from the

initial date of appointment on the unaided post shall be treated as an

Assistant Teacher.

8. The Education Officer shall reconsider the same expeditiously

and preferably within a period of four (04) months from today.

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9. Writ petition is disposed of. No costs.

 ( S. G. DIGE )                                 ( S. V. GANGAPURWALA )
    JUDGE                                                 JUDGE




 P.S.B.




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