Amol Sakharam Pandav v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6487 OF 2020 Amol Sakharam Pandav Petitioner

Versus

The State of Maharashtra & others Respondents Mr.(Dr.) R.J.Godbole, advocate for the petitioner. Mr.K.B.Jadhavar, AGP for Respondents No.1 to 3. CORAM : S.V.GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 22nd September, 2020.

PC :

The proposal seeking approval to the transfer of the petitioner from unaided to aided post is rejected. The petitioner was appointed on unaided post as Assistant Teacher on 07/03/2014. The appointment of the petitioner on unaided post is approved by the Education Ofcer under order dated 31.03.2017. The petitioner is transferred to the aided post on 24.08.2020. The petitioner is the seniormost teacher on the unaided post. According to the petitioner, petitioner's appointment is as per roaster.

{2} wp648720.odt We have heard the learned Counsel for the petitioner and the learned AGP for Respondents No.1 to 3. We have considered the issue of Circular dated 28.06.2016 under judgment dated 04.07.2019 passed in Writ Petition No.1493 of 2018 with connected Writ Petitions and held that all the clauses of the Circular dated 28.06.2016 would not apply.

Considering the above, the impugned order is quashed and set aside. The Education Ofcer shall reconsider the proposal seeking approval to the appointment of the petitioner in tune with the judgment dated 04.07.2019 in Writ Petition No.1493 of 2018 with connected Writ Petitions. Writ Petition is accordingly disposed of. No costs. SHRIKANT D. KULKARNI S.V.GANGAPURWALA JUDGE JUDGE adb