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Bombay High CourtWP/12173/2022disposed off

Chetan Balasaheb Bobade v. The State Of Maharashtra And ORS

2022-10-12Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice R. N. Laddha5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12039 OF 2022 Ms. Pallavi Uttam Mulik (Mrs. Pallavi Kiran Pawar) .. Petitioner

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WITH WRIT PETITION NO. 12040 OF 2022 Lalsing Barkya Valvi .. Petitioner

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WITH WRIT PETITION NO. 12041 OF 2022 Bhibhishan Shahaji Nikam .. Petitioner

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WITH WRIT PETITION NO. 12173 OF 2022 Chetan Balasaheb Bobade .. Petitioner

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WITH WRIT PETITION NO. 12043 OF 2022 YUGANDHARA SHARAD PATIL Ravindra Vitthal Humbe .. Petitioner

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by YUGANDHARA SHARAD PATIL Date:

2022.10.14 10:51:10 +0530 WITH WRIT PETITION NO. 12052 OF 2022 Dattatraya Dashrath Gharge .. Petitioner 1/5

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WITH WRIT PETITION NO. 12049 OF 2022 YUGANDHARA SHARAD PATIL Priyanka Sunil Suryawanshi .. Petitioner

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WITH WRIT PETITION NO. 12044 OF 2022 by YUGANDHARA SHARAD PATIL Date: 2022.10.14 10:47:07 +0530 Amol Subhashrao Dhumal .. Petitioner

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WITH WRIT PETITION NO. 12045 OF 2022 Amol Dilip Karve .. Petitioner

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WITH WRIT PETITION NO. 12051 OF 2022 Sujit Suresh Jamdade .. Petitioner

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WITH WRIT PETITION NO. 12047 OF 2022 Popat Mansing Sawant .. Petitioner

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WITH WRIT PETITION NO. 12055 OF 2022 Balasaheb Dadarm Sonawalkar .. Petitioner

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Mr. N. V. Bandiwadekar i/b. Mrs. Ashwini Bandiwadekar, Advocate for the Petitioners.

Mr. S.B.Kalel, AGP for the Respondents/State. CORAM: S. V. GANGAPURWALA & R.N.LADDHA, JJ.

DATE : 12th OCTOBER, 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.

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 3/5

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% grant-in-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 :

Sr.

No.

W.P.No.

Name of Petitioner Un-aided Appointm ent Un-aided Approval Transfer to 100% Aided Transfer Approval 12039/2022 Pallavi Uttam Malik 10.1.2013 31.8.2013 1.10.2016 10.1.2019 12040/2022 Lalsing Barkya Valvi 1.1.2013 31.8.2013 10.8.2017 10.1.2019 12041/2022 Bhibhisen Shahaji Nikam 1.12.2014 6.6.2016 14.2.2019 20.7.2019 12173/2022 Chetan Balasaheb Bobade 1.1.2013 31.8.2013 1.10.2016 9.12.2019 12043/2022 Ravindra Vitthal Humbe 1.1.2013 31.8.2013 13.7.2017 10.1.2019 12052/2022 Dattatraya Dashrath Gharge 1.10.2016 26.6.2019 27.12.2019 31.1.2020 8.

It transpires that except the Petitioners in Writ Petition Nos.12049/2022, 12045/2022, 12051/2022 and 12047 of 2022, all the Petitioners have completed three years or more 4/5

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. The Petitioner in Writ Petition No.12041/2022, if she is transferred to 100% grant-inaid post, then for a period of 7 months and 15 days, she will have to approved as Shikshan Sevak and thereafter as Assistant Teacher. The Petitioner in Writ Petition No.12045/2022, if he is transferred to 100% grant-in-aid post, then for a period of 9 months he will have to be approved as Shikshan Sevak and thereafter as Assistant Teacher. The Petitioner in Writ Petition No.12051 of 2022, if he is transferred to 100% grant-in-aid post, then for a period of 8 months he will have to be approved as Shikshan Sevak and thereafter as Assistant Teacher. The Petitioner in Writ Petition No.12047 of 2022, if he is transferred to 100% grant-in-aid post, then for a period of 2 months he will have to be approved as Shikshan Sevak and thereafter as Assistant Teacher. 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. (R.N.LADDHA J.) (S. V. GANGAPURWALA, J.) 5/5