Mubarak Mahamad Maljapte v. The State Of Maharashtra Through The Principal Secretary And Others
2024:BHC-AUG:812-DB (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 998 WRIT PETITION NO. 421 OF 2024 MUBARAK MAHAMAD MALJAPTE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS ....
Mr A. S. Jadhav, Advocate h/f Mr P. R. Katneshwarkar, Advocate for Petitioner;
Mr R. S. Wani, A.G.P. for Respondent Nos.1 & 2 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.
DATE : 10th January, 2024 PER COURT:
1.
The Petitioner was appointed on unaided establishment on 15/06/2007. His approval for the said post is dated 10/11/2015. He completed service of thirteen years on the said post. He was transferred on the 80% aided establishment on 01/11/2020. Subsequently, he has been transferred on the 100% aided establishment on 01/07/2022.
2.
The Petitioner is aggrieved by the fact that Respondent No.2/ Deputy Director of Education, Pune is not passing any order on the proposal of the Petitioner, dated 16/07/2022, tendered by the Management, seeking approval to his
(2) transfer from 80% aided establishment to the 100% aided establishment.
3.
The Petitioner apprehends that, the order is not being passed since Rule 41-A of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for short 'the 1981 Rules') has been stayed by the Circular dated 01/12/2022. However, the said Circular was already stayed by an interim order passed by the Nagpur Bench of this Court, dated 21/12/2022, in Writ Petition No.8215/2022 (Friends Social Circle, Akola, thr. it's Secretary and others Vs. the State of Maharashtra and another). In this backdrop, this Court has passed an order, dated 25/04/2023, in Writ Petition No.4618/2023 and connected Petitions, directing the Education Officer, to decide the said pending proposals in the light of Rule 41-A of the 1981 Rules. 4.
The Nagpur Bench has recently delivered a judgment dated 21/07/2023 in the aforesaid Writ Petition No.8215/2022 and other connected petitions, quashing the Government Circular dated 01/12/2022.
5.
In view of the above, this Petition is disposed off, with a direction to Respondent No.2/ Deputy Director of
(3) Education, Pune, to decide the proposal of the Petitioner, dated 16/07/2022, by following the due procedure laid down in law and in the light of Rule 41-A of the 1981 Rules, within 60 days from today.
(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk