Mahatma Phule Vidhya Prasarak Mandal Thr. Secretary And ORS v. The State Of Maharashtra Thr. Secretary Education Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 25 OF 2022 Mahatma Phule Vidhya Prasarak Mandal Thr. Secretary and Ors.

...Petitioners

vs.

The State of Maharashtra Thr. Secretary Education Dept. and Ors.

...Respondents

***** Mr. Shrirang Katneshwarkar i/by Vilas Panpatte - Advocate for the Petitioner Mr. N. C. Walimbe - Advocate for the Respondent-State ***** CORAM :

S.V. GANGAPURWALA AND S. M. MODAK, JJ.

DATE :

21st JUNE, 2022 P. C. :- 1.

The Education Officer (Secondary) has granted approval to the transfer of the Petitioner Nos. 3 to 5 to the aided post. The Petitioner Nos. 3 to 5 were appointed on the unaided post Earlier services rendered on the unaided post are required to be considered. 2.

We heard the learned AGP for the Respondent-State. 3.

The details showing the dates of appointment on unaided post, date of transfer to the aided post and date of approval are here under :- Petitioner Name of the Date of appointment Date of transfer from Unaided to Date of approval Probation No.

Petitioner period Aided Bhushan Vishwas 01/07/2013 30/07/2015 04/01/2019 Two years 1/3 SEEMA KSHITIJ YELKAR by SEEMA KSHITIJ YELKAR Date: 2022.06.24 10:49:22 +0530

Shinde Madhuri Subhash Bhamre 01/07/2013 30/07/2015 04/01/2019 Two years Vrashali Shankar Jadhav 16/07/2015 17/07/2018 04/01/2019 Three years 4.

This Court under Judgment and Order dated 04/07/2019 in Writ Petition No. 1493 of 2018 in connected writ petitions held that services rendered on unaided post are required to be considered 5.

To illustrate, if the Petitioners have worked on unaided post for the period of two years before the transfer to the aided post, then their services will be approved as Shikshan Sevak from the date of transfer for one year and thereafter as Assistant teacher. 6.

In the present case, the Petitioner Nos. 3 to 5 transfer to the aided posts is approved but as Shikshan Sevak from the date of transfer to the aided post. The same is improper.

7.

In light of that, the impugned Order to the extent of granting approval to the Petitioner as Shikshan Sevak from the date of transfer to the aided post is set aside 8.

The Education Officer shall consider the services rendered by the Petitioner Nos. 3 to 5 on unaided post and shall thereafter, grant the approval as Shikshan Sevak for the remainder period only. 9.

The same shall be decided expeditiously preferably within four months.

2/3

10. Writ Petition is disposed of. No costs.

[S. M. MODAK, J.] [S.V. GANGAPURWALA,J.] 3/3