Head Master Utkarsh Prathamic And Uchha Prathamic Vidyalay And ORS v. State Of Maharashtra Thr. Secre. Education Dept. And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.

15641 OF 2022 Head Master, Utkarsh Prathamic and Uccha Prathamic Vidyalay and Others.

...

Petitioners.

Versus

State of Maharashtra and Another.

...

Respondents.

- - Ms. Vishakha Patel i/by Ujwala Karpe, Advocates for the Petitioners.

Smt. A.A. Purav, AGP for Respondent No.1-State. Ms.Priyanka Chavan, for Respondent No.2.

- - CORAM :

NITIN W. SAMBRE & SHARMILA U. DESHMUKH, JJ.

DATE : December 20, 2022.

P. C. :

1.

Heard.

2.

After the appointment of Petitioner Nos.2 and 3, the Respondent No.2-Education Officer (Primary) granted approval from 15th October, 2015 on no-grant basis.

3.

It appears that the Petitioner Nos. 2 and 3 have Digitally signed by SANJAY ASARAM MANDAWGAD Date:

2022.12.21 18:41:15 +0530 SANJAY ASARAM MANDAWGAD completed five years of service and as such their services are sought to be transferred against vacant posts in aided category. Accordingly, the proposals was forwarded to the Education Officer i.e. Respondent No.2 to the present writ petition. It is informed that sanjay_mandawgad

2 / 2 40wp15641-22.doc the proposal of the Petitioners are not decided till date for grant of approval.

4.

In the backdrop of fact that the Petitioner Nos.2 and 3 are appointed as Assistant Teachers in the Petitioner No.1-School and they have completed the service for five years, it will be appropriate, in our opinion, to direct the Respondent No.2Education Officer to decide the proposals forwarded by the Petitioner No.1-School on 9th May, 2022 and 3rd March, 2022 in relation to the grant of approval to the aforesaid two Petitioners in aided category, as expeditiously as possible and in any case within a period of three months from today.

5.

The writ petition is partly allowed.

[Sharmila U. Deshmukh, J.] [Nitin W. Sambre, J.] sanjay_mandawgad