Shaikh Amjad Ahmed Shujauddin And Others v. The State Of Maharashtra And Others

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 77 WRIT PETITION NO.432 OF 2021 SHAIKH AMJAD AHMED SHUJAUDDIN AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mrs. A.N. Ansari AGP for Respondents 1 & 2 : Mr. P.K. Lakhotiya Advocate for Respondents 5 & 6 : Mr. Girish S. Rane Advocate for Respondent 9 : Mr. S.P. Brahme Advocate for Respondent 10 : Mr. A.R. Syed ...

CORAM : S.V. GANGAPURWALA & R.N. LADDHA, JJ.

DATED : 25/10/2021.

PER COURT :

.

It is submitted by the learned counsel for the petitioners that all these petitioners are appointed on unaided posts in the year 2013-2014. All have worked for more than three years on unaided posts before being transferred to the aided posts. The services of the petitioners on unaided posts are approved. The Education Officer has granted approval to the transfer of the petitioners on aided posts, however, as a Shikshan Sevak from the date of transfer. They ought to have been granted approval as

Assistant Teachers on 100% grant in aid.

2.

The learned A.G.P. supports the order passed by the Education Officer and submits that on the basis of circular dated 28.6.2016 the orders are rightly passed.

3.

We have also heard Mr. Rane, learned counsel for respondent Nos. 5 and 6.

4.

The date of appointment of the petitioners on unaided post, date of approval on unaided post, date of transfer to aided posts are detailed in the chart herein reproduced below :- Petiti oner Nos.

Name of the Petitione r/Emplo yee Date of Appointmen t on Un Aided Basis Date of Approval on unaided Post Appr oval copy on page No.

Transfer Date from Un-Aided to Aided as a Shikshan Sevak Date of Approval of from UnAided to Aided Appr oval Copy on Page No.

How many years on work ed on UnAided Basis Name of the authority granted Approval to transfer on un aided to Aided Post Shaikh Amjad Ahmed Shujaud din 17/06/2013 14/08/2013 01/06/2016 to 31/05/2019 16/02/2017 31 & More than years Education Officer (Sec) Zilla Parishad Jalgaon.

Jalil Ahmed Moham med Jamil 27/11/2012 26/04/2013 & 01/06/2016 to 31/05/2019 20/03/2018 35 & More than years Education Officer (Sec) Zilla Parishad Jalgaon.

Imtiyaz Khan Zafar Khan 24/12/2012 25/04/2013 & 15/06/2016 to 14/06/2019 18/12/2018 38 & More than years Education Officer (Sec) Zilla Parishad Jalgaon.

Asif Ali Yaqoob 24/12/2012 25/04/2013 & 15/06/2016 to 18/12/2018 38 & More than Education Officer

Ali 14/06/2019 years (Sec) Zilla Parishad Jalgaon.

Imran Ali Tayyeb Ali 01/09/2012 14/08/2013 -- 01/12/2016 to 30/11/2019 01/07/2017 More than years Education Officer (Sec) Zilla Parishad Jalgaon.

6. Moham med Asif Abdul Gaffar 09/12/2013 27/08/2013 & 01/06/2017 to 31/05/2020 09/11/2017 More than years Education Officer (Sec) Zilla Parishad Jalgaon.

Azharud din Riyazod din 18/03/2013 13/04/2013 28 & 01/06/2015 to 31/05/2018 16/08/2018 years Education Officer (Sec) Zilla Parishad Jalgaon.

5.

It would appear that all the petitioners have worked for more than three years and are transferred to the aided posts in the year 2017-18. This Court in Writ Petition No.1493/2018 with connected writ petitions under judgment and order dated 4th July 2019 held that some of the clauses of the circular dated 28.6.2016 are erroneous. If the petitioners have worked for more than three years on unaided post and transferred to aided post and the post is 100% grant in aid, then approval is to be given on 100% grant in aid basis as Assistant Teacher.

6.

In the light of above, the impugned orders to the

extent granting approval to the transfer of the petitioners on the aided posts as Shikshan Sevak is set aside. The Education Officer shall verify the transfer of the petitioners on 100% grant in aid post and if the Education officer is convinced that the transfers were on 100% grant in aid posts, then the Education Officers shall grant approval to the transfer of the petitioners on aided posts on 100% grant in aid as Assistant Teacher.

7.

The said exercise shall be done preferably within a period of four months.

8.

We have passed the order as the Education officer approved the transfer of the petitioners on aided posts meaning thereby that the Education Officer has considered the seniority, roster and qualification of the petitioners.

9.

Writ petition is disposed of. No costs.

[ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.] ssc/