Vrushali Bhagwan Bhosle v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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930 WRIT PETITION NO.957 OF 2021 RATNAKAR SHAMRAO SURYAWANSHI 931 WRIT PETITION NO.958 OF 2021 MONIKA LAXMAN CHAVAN THE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS 934 WRIT PETITION NO.962 OF 2021 MANGALA SAHEBRAO PATIL 948 WRIT PETITION NO.984 OF 2021 PANKAJ NAMDEO TUPE 949 WRIT PETITION NO.985 OF 2021 RAVINDRA BHILA PATIL 950 WRIT PETITION NO.986 OF 2021 VIJAY PRAKASH PATIL 951 WRIT PETITION NO.987 OF 2021 PRASHANT VIKRM SOLANKE THE STATE OF MAHARASHTRA AND TOERHS 952 WRIT PETITION NO.988 OF 2021 BHUSHAN RAMCHANDRA LINGAYAT

953 WRIT PETITION NO.989 OF 2021 JITENDRA NETAJI PATIL 954 WRIT PETITION NO.990 OF 2021 SURAJ DILIP MORE 955 WRIT PETITION NO.991 OF 2021 SUDHIR FAKIRA PATIL 956 WRIT PETITION NO.992 OF 2021 DIPAK ASHOK PATIL 957 WRIT PETITION NO.993 OF 2021 RUPALI SAGAR PAWAR 958 WRIT PETITION NO.994 OF 2021 KIRAN MURLIDHAR PATIL THE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS 959 WRIT PETITION NO.995 OF 2021 RAHUL SHANTARAM NERKAR 960 WRIT PETITION NO.996 OF 2021 MONALI YOGESH VANJARI

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Advocate for Petitioner : Mr. Ramesh I Wakade Additional G.P./AGPs for Respondents State: Mr. P. S. Patil, Mr. S. K. Tambe, Mr. A. R. Kale Mr. K. N. Lokhande, Mr. S. R. Yadav-Lonikar, Mrs. V. S. Chaudhari, Mrs. P. V. Diggikar,

CORAM

: S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE : 19th January, 2021 ORDER:

1.

The transfers of the petitioners from unaided posts to aided posts have been approved by the Deputy Director of Education / Education Officer (Secondary), but the same have been approved as Shikshan Sevaks from the date of transfers on aided posts.

2.

The grievance of Mr. Wakade and Mr. Gadhe, the learned counsel for petitioners is that, the services rendered on unaided posts are required to be considered by the Deputy Director of Education / Education Officer (Secondary).

3.

The learned Additional Government Pleader for respondents/State relies on the circular dated 28.06.2016 to contend that, approvals can only be granted as Shikshan Sevaks from the date of transfers on aided posts. 4.

Said issue is no longer res-integra in view of the judgment of this Court in Writ Petition No. 1493 of 2018 with other connected writ petitions decided under order dated 04th July, 2019.

It has been considered by us that the services rendered on unaided posts will have to be considered while granting approval. If the petitioners have rendered services on unaided posts before their transfers on aided post, then the approvals have

to be granted considering the services rendered on unaided posts. 5.

In the present cases, the petitioners are transferred on rendering service on unaided posts for 6 months to 4 years. 6.

In the result, the impugned orders granting approvals to the petitioners as Shikshan Sevaks from the date of transfers to the aided posts are quashed and set aside to that extent only. The Deputy Director of Education / Education Officer (Secondary) while granting the approvals to the petitioners as Shikshan Sevaks on the aided posts, shall consider the services rendered by the petitioners on unaided posts. To illustrate, if, the petitioners have rendered services on unaided post for two years and are transferred to aided posts, their services will be approved as Shikshan Sevak for one year from the date of transfers and thereafter as a Assistant Teachers. The Deputy Director of Education / Education Officer (Secondary) shall consider all these proposals and give approvals as directed above. 7.

In view of the above, the writ petitions are partly allowed in above terms. No costs.

(SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.) JPC