Ganesh Laxman Raut v. The State Of Maharashtra Through The Secretary, School Edu. Dept. And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12591 OF 2022 Ganesh Laxman Raut
...Petitioner
Versus
The State of Maharashtra & Ors.
...Respondents
by NILAM SANTOSH KAMBLE Date: 2022.11.18 11:21:35 +0530 NILAM SANTOSH KAMBLE WITH WRIT PETITION NO.7141 OF 2021 Santosh Haribhau Mane
...Petitioner
Versus
The State of Maharashtra & Ors.
...Respondents
---- Mr.N.V. Bandiwadekar i/b Ms.Ashwini N. Bandiwadekar, for the Petitioner in both WP.
Mr.N.C. Walimbe, AGP for Respondent Nos.1 and 2-State. ---- CORAM : S.V. GANGAPURWALA & S.G. DIGE, JJ.
DATE : 16 NOVEMBER 2022 P.C:- 1.
We have heard learned Counsel for the petitioners and the learned AGP.
2.
In all these matters, the proposal seeking approval to the transfer of the petitioners from unaided post to aided post is approved, however, as "Shikshan Sevak" from the date of transfer. N.S. Kamble page 1 of 3
3.
The prima dona contention is that the services rendered on the unaided post has not been considered. 4.
Approval, it appears, is given relying upon the Circular dated 28th June 2016.
5.
This Court in Writ Petition No.1493 of 2018 with connected writ petitions under order dated 4th July 2019 has held that some of the clauses of the Circular dated 28th June 2016 are erroneous and cannot be relied upon. The services rendered on the unaided post are required to be considered. 6.
If the employee has rendered three years or more service on unaided post as Assistant Teacher and is transferred to the aided post, then the approval has to be on 100% grant-in-aid post as an Assistant Teacher.
7.
In case the candidate has only completed two years service on the unaided post and is transferred to the 100% grantin-aid post, then for a period of one year he will have to be approved as Shikshan Sevak and thereafter, as an Assistant Teacher. In present case, the chart giving details of the appointment of the petitioners on the unaided posts, date of transfer and the date of approval to the unaided posts is reproduced herein under :
N.S. Kamble page 2 of 3
Sr.
No W.P. No.
Name of Petitioner Un-aided Appointme nt Un-aided Approval Transfer to 100% Aided Impugned order 12591/2022 Ganesh Laxman Raut 25.07.2011 31.12.2011 10.01.2015 15.05.2015 7141/2021 Santosh Haribhau Mane 15.06.2014 21.05.2018 04.07.2018 09.01.2019 8.
It transpires that both the petitioners have completed three years or more service on the unaided post. If they are transferred on 100% grant-in-aid post, then they are to be approved as an Assistant Teacher on 100% grant-in-aid post. 9.
The Education Officer shall confirm the date of the transfer on 100% grant-in-aid post and if it is convinced that the transfer of the petitioners is on 100% grant-in-aid then shall approve them accordingly.
10.
The impugned order to the extent of approval for the transfer as "Shikshan Sevak" are quashed and set aside. The said exercise be done within four months from today. 11.
The writ petitions are accordingly disposed of. No costs.
(S.G. DIGE, J.) (S.V. GANGAPURWALA, J.) N.S. Kamble page 3 of 3