Bombay High Court
Komal Sunil Patil vs The State Of Maharashtra And ... on 5 May, 2022
Bench: R.D. Dhanuka, S. G. Mehare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
WRIT PETITION NO.4889 OF 2022
Neetabai Ravindra Chaudhari
Age : 32 years, Occu. Service,
Assistant Teacher of Hirubhai Himabhai Patel,
Primary Vidyalaya, Chalisgaon,
Tal. Chalisgaon, Dist. Jalgaon. .....Petitioner
Versus
1] The State of Maharashtra,
Through it's Principal Secretary,
Sports and Education Department,
Mantralaya, Mumbai.
2] The Deputy Director of Education,
Nashik Region, Nashik.
3] The Education Officer (Primary),
Zilla Parishad, Jalgaon.
4] Chalisgaon Education Society Chalisgaon,
Tal. Chalisgaon, Dist. Jalgaon,
Through it's President
5] Hirubhai Himabhai Patel,
Primary School, Chalisgaon,
Tal. Chalisgaon, Dist. Jalgaon,
Through it's Head Master. .. Respondents
AND
WRIT PETITION NO.4983 OF 2022
Komal Sunil Patil,
Age : 32 years, Occu. Service,
Assistant Teacher of Hirubhai Himabhai Patel,
Primary Vidyalaya, Chalisgaon,
Tal. Chalisgaon, Dist. Jalgaon. .. Petitioner
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Versus
1] The State of Maharashtra,
Through it's Principal Secretary,
Sports and Education Department,
Mantralaya, Mumbai.
2] The Deputy Director of Education,
Nashik Region, Nashik.
3] The Education Officer (Primary),
Zilla Parishad, Jalgaon.
4] Chalisgaon Education Society Chalisgaon,
Tal. Chalisgaon, Dist. Jalgaon,
Through it's President
5] Hirubhai Himabhai Patel,
Primary School, Chalisgaon,
Tal. Chalisgaon, Dist. Jalgaon,
Through it's Head Master. .. Respondents
AND
WRIT PETITION NO. 5017 OF 2022
Kaminee Ramsing Thoke,
Age : 36 years, Occu. Service,
Assistant Teacher of Hirubhai Himabhai Patel,
Primary Vidyalaya, Chalisgaon,
Tal. Chalisgaon, Dist. Jalgaon. ....Petitioner
Versus
1] The State of Maharashtra,
Through it's Principal Secretary,
Sports and Education Department,
Mantralaya, Mumbai.
2] The Deputy Director of Education,
Nashik Region, Nashik.
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3] The Education Officer (Primary),
Zilla Parishad, Jalgaon.
4] Chalisgaon Education Society Chalisgaon,
Tal. Chalisgaon, Dist. Jalgaon,
Through it's President
5] Hirubhai Himabhai Patel,
Primary School, Chalisgaon,
Tal. Chalisgaon, Dist. Jalgaon,
Through it's Head Master. .. Respondents
...
In all the matters :
Advocate for the Petitioners : Mr. Ramesh I. Wakade
AGP for Respondents - State : Mr. S.G. Karlekar
Advocate for Respondent No.3 : Mr. Gajendra D. Jain h/f.
Mr. M.S. Sonawane
Advocate for the respondents no.4 and 5 : Mr. Vasant B. Patil
...
CORAM : R.D. DHANUKA &
S. G. MEHARE, JJ.
Dated : May 05, 2022
Oral Judgment [ Per R. D. Dhanuka, J. ] : -
1. Rule.
. Learned AGP waives service of notice on behalf of
respondent nos. 1 to 3 in all the matters.
2. Rule made returnable forthwith. Heard finally with the
consent of the parties.
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3. The petitioners, by this petition filed under Article 226 of
the Constitution of India, have challenged the order dated 08.03.2022
passed by respondent No. 3 - Education Officer, Jalgaon, thereby
rejecting the proposal of the petitioners seeking approval to the
transfer of petitioners from unaided to aided posts.
4. Learned counsel for the petitioners invited our attention
to the aforesaid impugned order dated 08.03.2022, whereby the
proposals submitted by the petitioners came to be rejected by placing
reliance upon the Government Resolution dated 01.04.2021. It is
submitted by the learned counsel for the petitioners that the
petitioners were transferred on 20.04.2020 from unaided to aided
posts whereas; the Government Resolution dated 01.04.2021 issued
by the Government of Maharashtra is later in point of time and hence,
it is not applicable to the case of the petitioners.
5. Learned counsel for the respondents does not dispute the
aforesaid submission advanced by the learned counsel for the
petitioners.
6. The Division Bench of this Court in the case of
Ajay Vishwanath Kharade Vs. State of Maharashtra and others
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reported in 2022(2) Mh.L.J. 649, has held that the Government
Resolution dated 01st April, 2021, which is subsequent to the transfer
of the petitioners, cannot apply retrospectively to the transfer of the
petitioners from unaided to aided posts as they were transferred on
20th April, 2020 i.e. much before issuance of said Government
Resolution.
7. In view of above and well settled position in law, the
impugned order dated 08.03.2022 passed by respondent no. 3 -
Education Officer (Primary), Zilla Parishad, Jalgaon, thereby rejecting
the proposal of the petitioners seeking approval to the transfer of
petitioners from unaided to aided posts, is required to be quashed and
set aside. Hence, the following order is passed :-
ORDER
[i] Rule is made absolute in terms of prayer clauses 'B' and 'C' of
the petition.
[ii] It is made clear that the respondent no.3 - Education Officer
while granting approval to the petitioners as Shikshan Sevak on the
aided posts, shall consider the services rendered by the petitioners on
unaided posts.
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[iii] The Respondent no.3 - Education Officer shall pass appropriate
orders within four weeks from the date of communication of this
order.
8. Writ Petitions are accordingly disposed off with no order
as to costs.
( S. G. MEHARE, J. ) ( R.D. DHANUKA, J. )
...
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