Manisha Kishanrao Panapatte v. The State Of Maharashtra Through Its Secretary Shcool Education Dept

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6322 OF 2020 Manisha d/o Kishanrao Panpatte Petitioner

Versus

The State of Maharashtra & others Respondents Mr. R.S.Patil, advocate for the petitioner.

Mr. S.S.Dande, AGP for Respondents No.1 & 2.

CORAM : DIPANKAR DATTA, C.J. & S.V.GANGAPURWALA, J.

DATE : SEPTEMBER 16, 2020.

PC :

The petitioner was appointed on unaided post as Assistant Teacher on 14.02.2015. Her services on unaided post as Assistant Teacher were approved. The petitioner on or about 1st March, 2019 was transferred to the aided post. Under the impugned order, the Education Ofcer has granted approval to the services of the petitioner on the aided post, however, as Shikshan Sevak and not as an Assistant Teacher. Mr.Patil, learned Counsel for the petitioner relied on the judgment of Division Bench of this Court in Writ Petition No.1493 of 2018 with connected matters, dated 04th July, 2019,

{2} to submit that, clause of the Government Resolution dated 28th June, 2016 has been interpreted by this Court and if the Assistant Teacher has worked on unaided post for the period of three years or more, then his/her services are required to be approved as Assistant Teacher on aided post.

We have also heard the learned Assistant Government Pleader for Respondents No.1 and 2. As the petitioner has already worked on the unaided post for the period of three years and more and her services were approved, while granting approval to the transfer of the petitioner from unaided to aided post, the Education Ofcer was required to grant approval to her as Assistant Teacher and not as Shikshan Sevak in the light of the judgment of this Court in Writ Petition No.1493 of 2018 with other connected writ petitions, dated 04th July, 2019.

In view of the above, the impugned order of the Education Ofcer is modifed to the extent that the Education Ofcer shall grant approval to the transfer of the petitioner on aided post as an Assistant Teacher.

{3} We have passed this order in view of the fact that the Education Ofcer has approved transfer of the petitioner on aided post meaning thereby he has considered all other aspects of the matter.

In view of the above, writ petition is allowed in above terms. No costs.

(S.V.GANGAPURWALA, J.) (CHIEF JUSTICE) adb