Mahendra Subhash Dhabhade v. State Of Maha. Thr. Sec. Education Dept. And ORS

Corrected as per order dated 27/2/2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11274 OF 2023 by BHARAT DASHARATH PANDIT Date: 2024.02.29 11:13:18 +0530 Mahendra Subhash Dhabhade ] Age - about 40 yrs, occu- Service ] Residing at c/o. R. R. Sutar, ] Road -14, Bhairav Nagar, Dhanori ] Pune - 411015 ] .... Petitioner.

V/s 1] The State of Maharashtra ] Through the Secretary, ] Education Department,Mantralaya ] (Notice to be served on ] Government Pleader, High Court, ] Appellate Side, Mumbai) ] ] 2] The Education Officer (Secondary) ] Pune Zilla Parishad, Pune.

] ] 3] Genba Sopanrao Moze Trust, Pune ] Trust Registered under Bombay Public ] Trust Act, having its Office at 191, ] Maharashtra Housing Board, Yerwada, ] Pune 411 006.

] ] 4] The Principal ] Genba Sopanrao Moze Trust, Pune ] 191, Maharashtra Housing Board, ] Yerwada, Pune 411 006 ] ..... Respondents.

Mr. Suhas S. Deokar i/b Mr. Satish Raut for the Petitioner. Mr.N.C.Walimbe, Addl. GP a/w Shri V.M.Mali,AGP for Respondents. CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ.

DATE : 20th FEBRUARY, 2024 ORAL JUDGMENT: (Per A. S. Chandurkar, J.) 1] Rule.

1/2 WP-11274-2023 BDP-SPS

2] The learned Additional Government Pleader waives notice for Respondent Nos. 1 and 2.

3] Considering the nature of directions proposed to be issued, service on Respondent Nos. 3 and 4 is dispensed with. 4] The Petitioner came to be appointed on the post of Assistant Teacher on 01/06/2006. The appointment was approved on 10/03/2010 on an unaided post. On 04/04/2022, the services of the Petitioner were transferred from the unaided post to an aided post. Pursuant thereto, the Management sought approval to such transfer of the Petitioner. The proposals dated 8/04/2022 and 9/01/2023 are stated to be pending with the Education Officer (Secondary). 5] In the aforesaid facts, interest of justice would be served by directing the Education Officer (Secondary) to consider and decide the proposals dated 08/04/2022 and 09/01/2023 seeking approval to the transfer of the Petitioner from an unaided post on an aided post.

Necessary decision be taken within a period of six weeks of receiving a copy of this order and after giving an opportunity to the Petitioner as well as representative of Respondent No.2. The decision taken be communicated to the parties. 6] Keeping all points raised on merit open, the writ petition is disposed of. Rule is made absolute in aforesaid terms with no order as to costs.

[ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J. ] 2/2 WP-11274-2023 BDP-SPS