Bombay High Court
Hemant Janardan Dixit vs The Secretary Vyayam Mandal Satara And ... on 16 January, 2024
Author: M.M.Sathaye
Bench: Nitin Jamdar, M.M.Sathaye
2024:BHC-AS:2960-DB
1 48-WP-9712-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9712 OF 2022
Salunkhe Prasad Rajaram ...Petitioner
Versus
The State Of Maharashtra And Ors ...Respondents
WITH
WRIT PETITION NO. 1426 OF 2022
Hemant Janardan Dixit ...Petitioner
Versus
The Secretary, Vyayam Mnadal Satar And Ors ...Respondents
.......
Mr. Kisan Dhamale, Advocate for the Petitioner in WP 9712 of
2022.
Ms. Jui Bhalchandra Gharat i/b Ms. Prjakata Arjunwadkar, Advo-
cates for the Petitioner in WP 1426 of 2022
Mr. B.V. Samant, Addl GP a/w Ms. A.A. Purav, AGP for Respon-
dent Nos. 1 & 2 in WP 9712 of 2022 and Respondent Nos. 3& 4 in
W.P. 1426 of 2022
Ms. Gunjan Shah for Respondent No. 3
.......
CORAM : NITIN JAMDAR &
M.M.SATHAYE, JJ.
DATE : 16 JANUARY 2024
P.C.:
. Heard learned counsel for the parties. In both these Petitions
the employer/ institution is common. The Petitioner in Writ
Y.S.Patil
2 48-WP-9712-2022.doc
Petition No. 9712 of 2022 is working as Junior Clerk and in Writ
Petition No. 1426 of 2022 the Petitioner herein is working as a
Peon. The grievance of the Petitioner in Writ Petition No. 9712 of
2022 i.e. Prasad Rajaram Salunke is that he is working as Junior
Clerk in the un-aided division of the Respondent-Management i.e.
Krantismruti Junior College and a proposal to transfer him to the
post of Junior Clerk in the aided division has been rejected by the
Respondent- Education Officer. In Writ Petition No. 1426/2022,
Petitioner therein Hemant Janardan Dixit, who is working as a peon
has sought a direction that he should be promoted to the post of
Junior Clerk in aided division from the post of Peon in unaided
division that he has held. Both the Petitioners therefore seek the post
of Junior Clerk in the aided division of the Respondent-
Management.
2. Proposal of the Respondent-Management in respect of
the Petitioner Prasad Salunke is rejected by the impugned order
dated 29 July 2021. The reason given is that no such transfer from a
permanently un-aided division to aided division is permissible.
3. As regards Writ Petition No. 1426 of 2022 is concerned, there
is no such rejection and this Petitioner seeks directions to
Respondent- Management to promote him.
4. Petitioner Prasad Rajaram Salunke has contended that the
Y.S.Patil
3 48-WP-9712-2022.doc
stand of the Respondent- Educational Institute that such a transfer
from unaided division to aided division is impermissible is wholly
incorrect. According to this Petitioner, the Education Officer has
overlooked the amended Rule 41-A of the Maharashtra Employees
of Private Schools (Conditions of Service) Rules, 1981. He also
contended that there is no such concept of permanently un-aided
division and as far as transfer from unaided to aided division is not
considered as a transfer at all but his posting within the
Management. He has relied upon a decision rendered by this Court
to that effect.
5. We note that such unilateral rejection without putting the
Management to notice is increasing litigations in this Court, as the
version of the Management is not considered before passing such
orders. If the reason for rejection had been put to the Management,
they would have pointed out statutory decisions and judicial
procedures. In these circumstances, we direct that the impugned
order dated 29 July 2021 be treated as a show cause notice to the
Respondent-Management as to why the approval should not be
rejected and Respondent-Management will reply to this notice
placing on record its response and judgments of this Court. After
this reply is given, Education Officer will deal with the reply and also
deal with the judgments cited and pass a reasoned order. If according
to the Education Officer, judgments and orders passed by this Court
are not applicable to the facts of the Petitioners' case, specific
reasoned order be passed within a period of 8 weeks after receipt of
Y.S.Patil
4 48-WP-9712-2022.doc
explanation/ reply, subject to earlier time bound directions.
6. Since the inquiry as to whether Petitioner Prasad Rajaram
Salunke can be appointed, transferred/posted to the post of Junior
Clerk in the aided division would be considered by the Education
Officer as per this order, at present we are not inclined to pass any
separate order in Writ Petition No. 1426 of 2022 whose claim will
have to be considered after an order is passed in case of Prasad
Rajaram Salunke by the Education Officer.
7. Contentions of the parties in respect of the claim of Hemant
Janardan Dixit is kept open.
8. Writ Petitions are disposed of in the aforesaid terms. All
pending Interim Applications are also disposed of.
(M.M.SATHAYE, J.) (NITIN JAMDAR, J.)
Y.S.Patil
5 48-WP-9712-2022.doc
`
(M.M.SATHAYE, J.) (NITIN JAMDAR, J.)
Y.S.Patil
