Smt. Sultana Rashid Mulani v. The State Of Maharashtra Thr The Secretary School Education Dept. And ORS
by VIDYA SURESH AMIN Date:
2022.10.03 11:16:23 +0530 VIDYA SURESH AMIN Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11505 OF 2022 Smt. Sultana Rashid Mulani .. Petitioner Vs.
The State of Maharashtra & Ors.
.. Respondents WITH WRIT PETITION NO. 11506 OF 2022 Smt. Sandhya Digambar Kadam .. Petitioner Vs.
The State of Maharashtra & Ors.
.. Respondents WITH WRIT PETITION NO. 11507 OF 2022 Ms. Anagha Ashok Kolge .. Petitioner Vs.
The State of Maharashtra & Ors.
.. Respondents Mr. N.V. Bandiwadekar i/b. Ms. Ashwini N. Bandiwadekar for the petitioner in all the petitions.
Mr. K.S. Thorat, AGP for the State.
CORAM : S.V. GANGAPURWALA & R.N.LADDHA, JJ.
DATE : SEPTEMBER 28, 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 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 Appointment Un-aided Approval Transfer to 100% Aided Transfer Approval 11505/2022 Smt. Sultana Rashid Mulani 15.06.2012 26.06.2013 15.06.2015 30.01.2020
11506/2022 Smt. Sandhya Digambar Kadam 01.12.2012 07.11.2015 15.06.2015 27.02.2018 11507/2022 Ms. Anagha Ashok Kolge (Mrs. Anagha Ajay Todkari 16.07.2012 09.07.2016 06.08.2016 19.12.2016 8.
It transpires that except the petitioner in Writ Petition No. 11506 of 2022, all 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-inaid post. The petitioner in Writ Petition No. 11506 of 2022 if he is transferred to 100% grant-in-aid post, then for a period of 51⁄2 months he will have to be approved as Shikshan Sevak and thereafter as an 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.)