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Bombay High CourtWP/2576/2021disposed off

Athare Sambhaji Rangnath v. The State Of Maharashtra And Others

2021-09-23Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

1 974-wp 2576-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2576 OF 2021 Athare Sambhaji Rangnath .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Shivaji T. Shelke, Advocate for the Petitioner. Mr. S. K. Tambe, AGP for Respondent Nos. 1 and 2. Mr. S. S. Wagh, Advocate for Respondent No. 3. CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED : 23rd September, 2021.

PER COURT:- .

The proposal seeking approval to the appointment of the petitioner is rejected basically on the ground of circular dated 28.06.2016 and that the appointment has to be made through Pavitra Pranali.

2.

This Court under judgment and order dated 04.07.2019 in Writ Petition No. 1493 of 2018 with other connected writ petitions held that some of the clauses of the circular dated 28.06.2016 are erroneous. 3.

The date of appointment of the petitioner on unaided post, date of approval to the appointment of the petitioner on unaided post and date of transfer to the aided post are detailed in the chart. The same is reproduced as under :

2 974-wp 2576-2021.odt Petitioner Name Appointment Approval at Transfer on No.

on unaided of unaided aided post post post 1) Athare Sambhaji Rangnath 22.07.2013 October 14.02.2020 4.

It would appear that the petitioner is transferred from unaided to aided post after completion of three years of service. 5.

In the light of the above, the impugned order is quashed and set aside. The Education Officer shall reconsider the proposal seeking approval to the transfer of the petitioner afresh from unaided to aided post. It may consider the availability of post, seniority, roster and qualification of the petitioner. However, the proposal shall not be rejected on the ground on which the impugned order is passed. The same shall be decided expeditiously and preferably within a period of four (04) months from today.

6.

Writ petition is disposed of. No costs.

( R. N. LADDHA ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.