Bombay High Court
Nandkishor Pandurang Pachpute vs State Of Maharashtra Thr Gp And Ors on 4 December, 2023
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2023:BHC-AS:36074-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.14938 OF 2022
Nandkishor Pandurang Pachpute, ]
Age : 42 Yrs., Occ.: Teacher, ]
New English School, Khamgaon, ]
Tal. Junnar, Dist. Pune ] .. Petitioner
Vs.
1. State of Maharashtra, ]
Summons to be served on the learned ]
Government Pleader appearing for ]
State of Maharashtra under Order XXVII, ]
Rule 4, of the Code of Civil Procedure, 1908. ]
2. Education Officer (Secondary), ]
Pune Zilla Parishad, Pune. ]
3. Vighnahar Dalit Sarvangin Vikas Mandal, ]
Pimpalwandi, Tal. Junnar, Dist. Pune ] .. Respondents
Mr. Rahul S. Kadam for the Petitioner.
Mr. V.M. Mali, AGP for Respondent Nos.1 and 2-State.
CORAM : A.S. CHANDURKAR &
FIRDOSH P. POONIWALLA, JJ
DATE : 4TH DECEMBER, 2023.
ORAL JUDGMENT : { Per A.S. Chandurkar, J. }
1. RULE. Rule made returnable forthwith and heard finally by consent of
learned counsel for the parties.
2. The petitioner, who came to be appointed as Assistant Teacher on a post
that was unreserved on 14th June 2006, is aggrieved by the communication
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dated 7th November 2022 issued by the Education Officer (Secondary), Zilla
Parishad, Pune, refusing to approve the petitioner's transfer from an unaided
post to an aided post.
3. After hearing the learned counsel for the parties and after perusing the
documents on record, we find that various considerations that are not material
for being taken into consideration while approving transfer of an employee
from an aided post to an unaided post have been referred to. These aspects
include submission of staff justification, mode of recruitment of the petitioner
and obtaining permission prior to filling-in the post in question. It is seen that
the petitioner's initial appointment on 14 th June 2006 on an unaided post has
been duly approved by the Education Officer (Secondary) on 11 th July 2013.
Once the petitioner's appointment has been duly approved, the only aspect to be
considered is whether the transfer of the petitioner, as per the Transfer Order
dated 1st June 2022, is in accordance with Rule 41A of the Maharashtra
Employees of Private Schools (Conditions of Service) Rules, 1981. On this
ground, therefore, the impugned communication is found to be unsustainable.
The re-consideration of the proposal is thus required.
4. Accordingly, the following order is passed :-
(i) The communication dated 7th November 2022 issued by
the Education Officer (Secondary), Zilla Parishad, Pune is
quashed and set aside.
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(ii) The proposal of the petitioner dated 7 th June 2022, seeking
approval to the petitioner's transfer from an unaided post
to an aided post, shall be re-considered in the light of the
observations made here-in-above.
(iii) The proposal shall not be rejected on the ground that the
petitioner's initial appointment was not in accordance
with law in the light of the fact that his appointment was
duly approved on an unaided post on 11th July 2013.
(iv) The proposal shall be decided within a period of six weeks
of receiving a copy of this order.
(v) The same be done after hearing the petitioner and the
representative of respondent no.3.
(vi) The decision taken shall be communicated to the parties.
(vii) In case the petitioner's transfer is approved, all
consequential benefits shall be made admissible to the
petitioner.
5. Rule is disposed of in the aforesaid terms.
[ FIRDOSH P. POONIWALLA, J. ] [ A.S. CHANDURKAR, J. ]
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