Bombay High Court
Chandrabhan S/O Mohapatrao Kinnake vs The State Of Maharashtra, Thr. ... on 6 February, 2024
Author: M.S. Jawalkar
Bench: Avinash G. Gharote, M.S. Jawalkar
2024:BHC-NAG:1455-DB
wp 7643-2023.odt 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.7643/2023
Chandrabhan s/o Mohapatrao Kinnake,
Age about 43 years, R/o At Post Dhanoli,
Tah. Korpana, Dist. Chandrapur.
....PETITIONER
...VERSUS...
1. State of Maharashtra, Through
its Secretary, School Education and
Sports Department, Mantralaya,
Mumbai-32.
2. The Deputy Director of Education,
Nagpur Division, Nagpur.
3. The Education Officer (Secondary)
Zilla Parishad, Jatpura Gate,
Chandrapur.
4. Saraswati Shikshan Prasarak
Mandal, Gadchandur, Tah. Koparna,
Dist. Chandrapur, Through its
Secretary.
5. Savatribai Fule Vidyalaya,
Gadchandur, Tah. Korpana, District
Chandrapur, Through its Head
Master.
...RESPONDENTS
----------------------------------------------------------------------------------------------
Shri A.D.Mohgaonkar, Advocate for petitioner
Ms K.R. Deshpande, AGP for respondent Nos.1 and 3
Shri A.P. Thakare, Advocate for respondent Nos.4 and 5
----------------------------------------------------------------------------------------------
wp 7643-2023.odt 2/3
CORAM : AVINASH G. GHAROTE AND
SMT. M.S. JAWALKAR, JJ..
DATE OF RESERVING THE JUDGMENT: 05/02/2024
DATE OF PRONOUNCING THE JUDGMENT: 06/02/2024
JUDGMENT (PER SMT. M.S. JAWALKAR, J.)
Rule. Rule made returnable forthwith. Heard finally by
consent of respective parties.
2. The transfer of the petitioner from unaided Post to
aided post pursuant to the order of transfer dated 15/10/2022 has
not been approved by the Education Officer (Secondary) on
13/09/2023 on the ground that the provisions of Rule 41A of the
Maharashtra Employees of Private Schools (Conditions of Service)
Rules, 1981 had been stayed by the Circular dated 01/12/2022.
This issue is no more res integra in view of the decision in Writ
Petition No.8215 of 2022 and connected Writ Petitions which were
decided on 21/07/2023 by the Nagpur Bench of this Court. Hence
for the reasons assigned in the said judgment, the following order
is passed:-
ORDER
i) The order dated 13/09/2023 passed by the Education
Officer (Secondary), Zilla Parishad, Chandrpur is set aside;
ii) The Education Officer (Secondary) shall re-consider the
proposal dated 15/10/2022 seeking such approval and decide the
same within a period of four weeks on its own merits after giving
an opportunity to the parties. The decision taken be
communicated to the parties.
iii) Needless to state that in case the petitioner's transfer is
approved, petitioner is entitled for consequential benefits.
3. Rule is made absolute in above terms. No order as to
costs.
JUDGE JUDGE
R.S. Sahare
Signed by: Mrs. Ranjana Sahare
Designation: PA To Honourable Judge
Date: 06/02/2024 17:05:48
